Delhi Govt vs LG : Supreme Court To Constitute 3-Judge Bench To Decide Issue Of 'Services' After Dussehra Vacations

Senior Advocate Rahul Mehra on Tuesday mentioned before the Chief Justice of India the matter relating to the legal dispute between the Government of the National Capital Territory of Delhi and the Union Government relating to control of services.

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.

Mehra, appearing for the Delhi Government, mentioned this pending reference before the Chief Justice of India NV Ramana for early listing.

"It is a matter pertaining to issue of services which find mention in entry 41 of list II. Pursuant to constitutional Bench judgement, only 3 subjects were kept in domain of Union govt - Police, land & public order. The 2 judge Bench expressed divergent views about the matter and it was referred to 3- Judge Bench. Since entire administrative control vests currently with central Government, it is an important issue and impedes on ability of Delhi govt to govern & implement its policies", Mehra submitted.

"It's a 5 judge bench matter?", the CJI asked.

"It was a 3 judge bench matter. It is placed before them", Mehra replied.

"After Dussehra vacation. We have to constitute a Bench", the CJI said.

The split verdict was delivered by a bench of Justices A K Sikri and Ashok Bhushan 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 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.

Few weeks back, 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.

Senior Advocate Dr Abhishek Manu Singhvi had mentioned that plea before the CJI on September 13 for early listing. The CJI had agreed to grant the request.