While the legal battle was about services, the bench reiterated Delhi's unique status, and listed the powers of its elected government, effectively elaborating on a 2018 judgment. With the passage of a new law in Parliament in 2021, the Union government, through the lieutenant governor (LG), had taken on more powers unto itself practice that Thursday's judgment will likely end.
The order laid down that officers working in all departments except those relating to public order, land and police fell within the administrative and legislative control of the Delhi government, capping a dispute that began with a notification issued eight years ago by the Union government, and led to a protracted court battle with split verdicts.
"If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to government, the collective responsibility is diluted... if officers feel they are insulated to the elected government, they feel they are not accountable," said the five-judge bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, in a unanimous verdict.
The judgment laid down that the "government of national capital territory of Delhi (NCTD)" has legislative and executive power over "services", that is, those listed under Entry 41 of List II of the Seventh Schedule of the Constitution. It clarified that the order does not extend to what are known Entries 1, 2 and 18 of the State list police, land and public order-since Article 239AA of the Constitution, which provides for the powers of the Delhi Assembly, specifically excludes these subjects and places them under the legislative control of the Union Government.
Kejriwal welcomed the verdict, saying it will "lead to many fold jump in the progress of Delhi".
This story is from the May 12, 2023 edition of Hindustan Times.
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This story is from the May 12, 2023 edition of Hindustan Times.
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