Centre vs Delhi: Real power of administration must rest on elected arm of govt, SC rules
New Delhi, May 11: In a major victory for the Delhi government in its long-running power tussle with the Centre, the Supreme Court ruled on Thursday that in a democratic form of government, the real power of administration must rest on the elected arm of the government.
A constitutional bench of the Supreme Court said in a unanimous verdict said that the Delhi government must have control over services and the Lieutenant Governor is bound by its decision
According to the apex court, the Delhi assembly is given powers to legislate to represent the will of the people.
However, the court ruled that legislative jurisdiction over services does not extend to public order, police, or land. The Supreme Court issued its decision in the matter involving administrative control over civil servant transfers and postings in Delhi.
According to the court, control over services does not extend to entries relating to public order, police, and land. The Delhi government, like the governments of the other states, constitutes a representative form of government, and any further increase of the Union's power would be contradictory to the Constitutional structure, the court said.
The top court further ruled that if administrative services are excluded from the legislative and executive domains, the ministers would be unable to manage the civil servants who are to implement the executive decisions.
It said that states have power as well, but the executive power of the state shall be subject to Union law. It must be ensured that the Union does not take over state governance.
It stated that if the officers stop reporting to the ministers or do not follow their orders, the notion of collective responsibility is jeopardised. The officers believe they are immune to government supervision, which will reduce accountability and impair governance.
The Lt Governor has administrative powers granted by the president, but this cannot be interpreted as administration over the entire Delhi government, according to the Supreme Court, "otherwise the purpose of having a separate elected body in Delhi will be rendered futile."
"If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable," the Supreme Court said.
- ANI
