Delhi Govt vs Centre: Supreme Court Agrees To Hear On March 3 Issue Of Power Over Administrative Services

The Supreme Court on Tuesday agreed to hear on March 3 the legal dispute between the Delhi Government and the Central Government regarding control over administrative services in the national capital.Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Government of National Capital Territory of Delhi, mentioned the matter for urgent listing before the Chief of India. CJI NV Ramana agreed to list the matter for hearing on March 3. In February 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the question of powers of the GNCTD and Union Government over services and referred the matter to a 3-judge bench.In October last year also, the matter was mentioned for urgent hearing, upon which the CJI agreed to list the same after Dussehra Vacations. The split verdict was delivered by a bench of Justices A K Sikri and Ashok Bhushan(both retired) on the issue of who has powers to appoint and transfer officers of State Public Services under Entry 41, List II of the Constitution of India.Justice Sikri held that transfers and posting of officers of and above the rank of Joint Secretary are under the powers of Lieutenant General of Delhi; other officers are under the control of Delhi Govt. On this aspect, Justice Bhushan dissented to hold that "services" were totally outside the purview of the Delhi Government.In July 2018, a 5-judge bench of the Supreme Court had laid down broad parameters for governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party came to power in 2014.In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a state but clipped the powers of the Lieutenant Governor (LG), saying he has no "independent decision making power" and has to act on the aid and advice of the elected government.Last year, the Delhi Government had filed a writ petition before the Supreme Court challenging the recently passed GNCTD(Amendment) Act 2021, which gives enhanced powers to the Lieutenant-General over the elected government.

Delhi Govt vs Centre: Supreme Court Agrees To Hear On March 3 Issue Of Power Over Administrative Services

Shruti Kakkar

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