The Supreme Court has ruled in favor of the Delhi government’s right to transfer and post officials in the ongoing tussle between the Delhi government and the Lieutenant Governor. This is a big win for the Delhi government.
However, the Supreme Court also clarified that the central government has the authority over issues related to law and order, public order, land, and police in Delhi. The Delhi government retains administrative control over other issues.
The Lieutenant Governor is obliged to seek the advice of the Delhi government on matters of assistance.
The Supreme Court has said that by taking all legislative powers into its own hands, the central government brings an end to the federal system.
The principles of federalism should be respected. The center cannot take all legislative and appointment powers into its own hands.
If the elected government cannot control officials, how will it carry out its collective responsibilities for the people? The Delhi government has the right to transfer officials.
The elected government should have administrative control. If the elected government does not have this power, then the triple chain of accountability is not complete.
Constitution Bench says, “This is only about control on services“…
The Constitution Bench comprising of CJI D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli and Justice P.S. Narasimha said that this matter is only about control on services.
We do not agree with Justice Bhushan’s 2019 decision. This decision is based on a majority and consensus of all judges. Justice Bhushan had said that only the Central government has the authority over services.
However, it is necessary to deal with the Centre’s arguments to limit the powers of the Delhi government. Article 239AA provides extensive protection.
Parliament has full power to make laws on any subject in the third schedule. If there is a conflict between the laws of the Centre and the state, then the Central law will prevail.
Selected government responsible towards the people of Delhi: Supreme Court
The Supreme Court has said that there is dual polity in the federal constitution. The double set of elected officials in the government chosen by “The People” represents the will of the people of Delhi.
Although Delhi is not a full-fledged state, the Legislative Assembly has been granted powers over subjects under Lists 2 and 3.
A democratically elected government is responsible towards the people of Delhi. The elected government should have the power to implement the wishes of the people.
The federal system comes to an end if all legislative and executive powers are taken by the Centre. The principles of federalism must be respected.
The Centre cannot take all legislative and appointment powers in its own hands. If the elected government cannot control the officials, how will it discharge its collective responsibility towards the people?
Decision on Administrative Control in Delhi on February 14, 2019
The issue of who will have administrative control over services in Delhi has been pending for a long time. When the matter went to court, a bench of two Supreme Court judges gave a decision on February 14, 2019.
However, the two judges had different opinions, so the case was referred to the Chief Justice to constitute a bench of three judges for the final decision.
Meanwhile, the central government had argued that the case should be sent to a larger bench. On July 4, 2018, the Supreme Court had given a decision on several issues related to the dispute between the Centre and Delhi, but had left some matters, such as control over officers, for further hearing.
The Delhi government argued that the Supreme Court’s Constitution Bench had already said in 2018 that the elected government of Delhi will have supremacy in all matters except land and police.