DELHI Govt VS Lieutenant governor-Supreme Court Judgement Today- LIVE UPDATES
Supreme Court to pronounce the Judgement In the matter pertaining to the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.A constitution bench comprising Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha will deliver the...
Supreme Court to pronounce the Judgement In the matter pertaining to the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.
A constitution bench comprising Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha will deliver the Judgement today.
The issue in the case was whether the Government of NCT of Delhi had legislative and executive powers in relation to 'services' under Schedule VII, List II, and Entry 41 of the Constitution of India and whether the officers of the various 'services' such as IAS, IPS, DANICS, and DANIPS, who had been allocated to Delhi by the Union of India, came under the administrative control of the Government of NCT of Delhi.
In 2022, the then Chief Justice Of India, NV Ramana constituted a three judge bench to decide upon the dispute. Later, the three judge bench referred to a Constitution Bench limited questions pertaining to the legal dispute.
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Supreme Court holds that NCTD has legislative and executive power over "Services" under Entry 41, List II. However it would not extend to the services which comes under public order, police and land. LG shall be bound by the decision of NCTD over services apart from public order, police and land
CJI : The phrase "in so far as" cannot be read to exclude further the legislative powers of NCTD over and above the entries which are specifically excluded.
CJI : The Union of India has only executive power only over three entries in list 2 over which NCTD has no power.
CJI : NCTD is not similar to other union territories.
CJI : NCTD has legislative power over "Services" excluding public order, police and land.
CJI : NCTD similar to other states represents the representative form of Government. Any further expansion of Union's power will be contrary to Constitutional scheme.
CJI : The control over services shall not extend to entries related to public order, police and land.
CJI : If "services" are excluded from legislative and executive domain, the Ministers would be excluded from controlling the civil servants who are to implement the executive decisions.
CJI : If the officers feel they are insulated from the control of the government, it will dilute accountability and affect governance.
CJI : If the officers stop reporting to the Ministers or do not abide by their directions, the principle of collective responsibility is affected.