The Supreme Court on Tuesday agreed to hear on March 3 the AAP Government’s plea on the contentious issue of who should control administrative services in Delhi, the dispute arose out of a 2019 split verdict.
On February 14, 2019, a two judge-bench of Justices AK Sikri and Ashok Bhushan, both retired now, had recommended to the Chief Justice of India that a three-judge bench be set up to finally decide the issue of control of services in the National Capital in view of its split verdict. Justice Bhushan had ruled the Delhi Government has no power at all over administrative services.
Justice Sikri, however, made a distinction. He said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central Government and the view of the Lieutenant Governor would prevail in case of a difference of opinion for matters relating to other bureaucrats. The plea was mentioned for urgent hearing before a bench headed by Chief Justice NV Ramana by senior advocate AM Singhvi on behalf of the Delhi Government.
“The matter pertains to a question whether the Delhi Government has some control and power over its IAS officers or not. This was fixed to be heard in 2020 and then in 2021 after Diwali vacation,” Singhvi said. “All right. Post on March 3,” said the bench which also comprised justices AS Bopanna and Hima Kohli.
On October 5, the Chief Justice of India-led bench had said that it would set up a three-judge bench to hear after the Diwali vacation the AAP Government’s plea on the contentious issue of who should control administrative services in Delhi.
Following a five-judge Constitution bench judgment, police, land, and public order were to be under the control of the Centre and the rest of the subjects, including the services, should remain under the Delhi government, the Delhi Government had said. Earlier, the top court, which was hearing pleas on six matters about a long-running conflict between the Centre and the Delhi Government, had given a unanimous order on the remaining five issues except for the control over services.
Both judges had agreed that the Lieutenant Governor will have control over the Anti-Corruption Bureau, as already notified by the Centre, and the power to appoint inquiry commissions would also rest with the Central Government. On the other hand, the elected Delhi Government will have the right to appoint public prosecutors, to decide land revenue matters, and also to appoint or deal with the electricity commission or board, the bench had ruled. It had unanimously upheld the Centre’s notification that its employees cannot be probed in corruption cases by the ACB, which is part of the Delhi Government but controlled by the L-G.
After the difference of opinion on the issue of control of services, the bench had dictated the order and said the matter needs to be referred to a larger bench, and views expressed by both the judges should be placed before the CJI for constitution of an appropriate bench. On July 4, 2018, the five-judge bench 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 AAP came to power in 2014.
In the landmark verdict, it unanimously held that Delhi cannot be accorded the status of a State. It clipped the powers of the L-G, saying he has no “independent decision-making power” and has to act on the aid and advice of the elected Government. The Delhi Government has been at loggerheads with the present L-G and his predecessor.