Aam Aadmi Party (AAP) had debunked the very impression that Delhi Government cannot have its own Public Service Commission (PSC).
AAP's chief spokesperson Saurabh Bharadwaj stated that a wrong impression is being 'deliberately' spread that since Delhi is a Union Territory, it cannot create or have its own Public Service Commission.
Bharadwaj had moved a resolution in the Delhi legislative Assembly on the setting-up of a separate Public Service Commission for Delhi, which was unanimously adopted by the Assembly on Monday.
“It seems that they are either not aware of the July 4 judgment by the Constitution Bench of the Supreme Court or their understanding of Constitutional law of this country is extremely poor. They also seem to be not aware of the nine Judges constitutional Bench judgment in 1996 NDMC case, which held that NCT of Delhi is a class in itself,” said Bharadwaj.
He said legislative Assembly of Delhi can enact law and pass legislations on any entry in State list, that is list II, except the entries 1, 2 and 18, being Public Order, Police and land and on all entries in Concurrent list, that is list III.
“The entry Services which enables a Government to constitute Public Service Commission and to establish different Public Services, is enumerated at entry 41 of the list II, that is the State list,” informed Bharadwaj.
“This is not one of the excluded entries from the purview of legislative assembly of Delhi for the purposes of legislation, neither it is an excluded entry from the purview of the Government of Delhi for the purposes of exercise of executive powers in this regard,” he said.
Further saying that it is within the constitutional right, obligation and authority of the legislative assembly of Delhi to legislate on the subject of Services, which include legislation and giving direction to its Government on the subject matter of Services, which are constitution of Public Service Commission and creation of one or more Public Services.
“Therefore not only the legislative assembly of Delhi can give direction, through a resolution, to government of Delhi to create a Public Service Commission, it can also legislate on all matters related to Public Service Commission,” he added.