Delhi Govt Has Control Over All Services, Except Land and Police: SC

In a significant judgement the Supreme Court has held that the Delhi government will have control over all the services in the national capital, including the Indian Administrative Service, except those pertaining to land, police and law and order.

In a judgment that is unanimous in nature, a Constitution Bench headed by Chief Justice of India, D Y Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held the following:

"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police."

While explaining the reasons, the court also held, " LG hall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly...and it cannot mean administration over entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile. Democratically elected government shall have control over its officers. If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. If officers are not responding to the government, the collective responsibility is diluted. If officers feel they are insulated from the elected government, they feel they are not accountable."

The judgment also said that while a state or a union territory has the power to make laws on subjects under the Concurrent List, the same will be subject to the existing Central Laws. The court said that at the same time it has to be ensured that the governance of the states is not taken over by the Central government, the Constitutional Bench observed.

The case relates to one from 2018, when a Constitution Bench of the Supreme Court had interpreted Article 239AA of the Constitution, which contains special provisions with respect to the National Capital Territory (NCT). The powers of the Delhi Government and the LG were debated in these petitions.

The Court had in that judgment ruled that the LG cannot act independently without the aid and advice of the Delhi Legislative Assembly. The LG and their interplay was the primary focus of that debate.