In a significant judgment, the Supreme Court on Thursday held that the Delhi government would have control over all services in the national capital,
including the Indian Administrative Service (IAS), except those pertaining to land, police and law and order.
The SC pronounced its verdict in a case between the Delhi government and the central government in connection with
The administrative control over transfers and postings of civil servants.
Delhi government has legislative and executive control over services in the Capital, the Supreme Court ruled.
Read also:- Control over Services in Delhi
The Constitution Bench said it does not agree with Justice Ashok Bhushan in the split judgment of 2019 on who has the power over Delhi’s services etc –
The Delhi government or the Centre.
As CJI DY Chandrachud read the verdict, he said the principle of democracy forms a part of basic structure federalism,
ensures the survival of diverse interests and accommodates diverse needs. As the Delhi government is elected by the electorates it must be interpreted to further the cause of representative democracy, the CJI said.
Read also:- National Capital Territory of Delhi (Amendment) Ordinance, 2023
What has the Supreme Court ruled?
The court concluded that Delhi is not similar to any other Union Territory as it enjoys special constitutional status under article 239AA.
The Supreme Court unanimously held that the legislature has control over bureaucrats in administration of services.
However, the control over services would not extend to entries related to public order, police and land.
The legislative and executive power over services such as IAS or joint cadre services,
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which are relevant for the implementation of the policies and the vision of NCTD in terms of day to day administration shall lie with the NCTD.
It clarified that the executive power of the State will be subject to the law existing of the union.
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