Supreme court upholds power of Delhi govt over services

New Delhi, April 11, 2023 (RNI) : In a sgnificant judgement, the Supreme court today said Delhi government must have control over all services in the national capital, including the Indian Administrative Service (IAS), except those pertaining to land, police and law and order. The Court held that the Delhi government should have the right to post and transfer officers. 

A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud along withJustice M.R.  Shah, Justice Krishna Murari, Justice Hima Kohli and Justice P.S.  Narasimha's held that the Delhi government has legislative and executive powers over the services, these are the same powers that the Delhi government has got, although the capital Delhi is controlled by other union territories, some parts like police,  Legislature should have authority over everything except law and order and land. 

The Court held that Delhi is not a full-fledged state, but the Legislature has been empowered on subjects under List II and III.  The democratically elected government is accountable to the people of Delhi.  The elected government should have the power to implement the will of the people. The federal system ends when the Center takes over all the legislative powers. 

The principle of federalism should be respected. The Center cannot take all the legislative, appointment powers in its own hands.  If the elected government cannot control the officials, then how will it fulfill its collective responsibility to the people. 

The Central Government had amended the Government of NCT of Delhi Act (GNCTD Act) in 2021. Through this some more powers were given to the Lieutenant Governor of Delhi.  Later Aam Aadmi Party had filed a petition in the Supreme Court against this law.  The Supreme Court today gave its verdict on this petition.  (L.S.)