NEW DELHI: The Supreme Court ruled on Thursday that the Delhi government has legislative and executive powers over administration of services except for public order, police and land.
The unanimous verdict by the five-judge bench of CJI DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha comes as a huge victory for the AAP government in its eight-year-long power tussle with the Centre.
The tussle was triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other Union Territories and has been accorded a “sui generis” (unique) status by the Constitution.
CJI Chandrachud in the 105-page verdict authored by himself said that the Lieutenant-Governor is bound by aid and advice of the NCT government except the matters relating to land, public order & police and that it is ideal to hold that a democratically elected government shall have control over its officers.
Laying emphasis on the triple chain of command connecting civil servants with people of country at large or any of its federal units, the bench said that principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers and the principle of collective responsibility would be effected in case of officers not reporting or failing to abide by the directions.
“If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant,” the court said.
“...The principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected...,” the SC said. The Delhi government had sought a clear “demarcation” of power in the row with the Centre over control of officers of various services such as IAS, IPS, DANICS and DANIPS.