Delhi vs Centre: Govt can't function if it doesn't have control over services, AAP tells SC
New Delhi, January 10: Delhi government informed the Supreme Court on Tuesday that a government cannot function unless it has control over services.
The Aam Aadmi Party government told the five-judge Constitution bench led by Chief Justice of India DY Chandrachud that excluding civil servants would undermine governance and make officials unaccountable to the people. Senior advocate Abhishek Manu Singhvi, who is representing the Delhi government, stated, "Delhi's running would come to a standstill on every petty issue. There is a famous saying in Hindi 'Ek myan mein do talwar nahi rah sakte (there cannot be two swords in one sheath)."
Singhvi told the bench, which also included Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, that services were at the core of the dispute, and the question was whether civil servants serving in the NCT of Delhi are accountable to the people who elected the Delhi Government through the government.
He went on to say, "There is a chain. The civil servants should be accountable to the ministers. Second, the minister is accountable to the legislature and then finally the MLAs are accountable to the people...hence, the control over the government servants should be with the (Delhi) government."
For any government to exist, it should have the ability to create a post, appoint staff to the post and the power to interchange them, Singhvi added. He added that unless a government has this power, it cannot function as ministers create policies and the implementation depends upon the civil services which must be answerable to the people through the elected representatives.
Apex court will resume hearing the matter on Wednesday.
- ANI
