NEW DELHI: A five-judge constitution bench of the Supreme Court on Tuesday termed as “dangerous” the Centre’s submission that Union Territories, including Delhi, cannot have public service commission (PSC). Posing a question as to why Delhi can’t have a PSC like J&K, the bench asked: “When J&K has a PSC, why can’t other UTs have? Your argument that Delhi cannot have PSC is very dangerous.”
The bench also asked if the bar on GNCTD (Government of NCT Delhi) to transfer inefficient officers dilutes the functional control of GNCTD. “We also wish to point out one more thing. If an official is not functioning satisfactorily, they can’t even switch officers… Will it not dilute functional control? The question is about posting,” the bench said.
Responding to queries posed by the bench, SG Tushar Mehta said in the case of UTs, the service commission is UPSC. Rejecting the argument that GNCTD has no powers, the SG said the functional control that comprises steer, clutch, and gear is all with GNCTD.
While criticising the protests by AAP against the L-G, the SG said theatrics can never take place before SC. “Certain events are happening when we are in the midst of the matter. Whatever happens in the Capital is seen by the world and it’s an embarrassment for the entire nation,” Mehta submitted.
For Chief Minister Arvind Kejriwal, senior advocate AM Singhvi had argued that the concept of the UT and PSC was “mutually exclusive.”