NEW DELHI: A government cannot function if it does not have control over services as the exclusion of civil servants will negate governance and render officials unaccountable to people, the Delhi government told the Supreme Court on Tuesday.
Senior Advocate AM Singhvi for AAP led Kejriwal government argued before the five judge bench headed by CJI DY Chandrachud that exclusion of power over civil services negates the very purpose of government.
The submissions were made in a case involving dispute between Delhi and Central government regarding power and transfer over civil servants serving GNCTD belonging to All India Services.
Laying emphasis on the essence behind federalism which is the vehicle for managing diversities, Singhvi said, “The existence of my power is important, not its exercise. There's no legislative, executive power.” I cannot create a post, I cannot transfer from post A to B, cannot do anything in relation to civil service.
He further said that any government which has to fulfill the will of people & to exist will have to have ability to create post, appoint staff to those post & to interchange them as per ability confidence. “Unless this Govt has the power, the government cannot function. Govt is represented at political level and creates policy but any implementation of the same depends on civil services,” he said.
It was also his contention that although the state government had the power to make policy but did not have the power of implementation. In this regards he said, “Exclusion of Civil services means that you are negating at the end of it, “we the people.” I’ve the charge of making policy but you don’t have the power to implement it. You are a servant but servant of different masters. If you don’t have the accountability, then there is complete chaos.”
The dispute had arisen after a 2-judge bench in 2019 had delivered a split verdict and upheld Centre’s notification dated July 23, 2014 and May 21, 2015 that had the effect of excluding jurisdiction of Delhi Government’s Anti-Corruption bench from probing offences committed by central government employees, limiting it to employees of Delhi Government. While Justice Ashok Bhushan (now retired) had ruled that the Delhi Government had no power at all over the administrative services, Justice AK Sikri (now retired) had said that the transfer or postings of the officer in top echelons of the bureaucracy (joint director and above) could only be done by the Central government and LG’s view would prevail in case of difference of opinion for matters relating to other bureaucrats.
In May, a 3 judge bench led by then CJI NV Ramana had referred to 5 judge bench questions related to dispute between central and state government for an “authoritative pronouncement.” The bench had said that the earlier constitution bench which interpreted Article 239AA which gives special status to Delhi required a further examination on the limited question pertaining to the scope of the executive and legislative powers of NCT Delhi with respect to services.