New Delhi, May 11.
The Supreme Court on Thursday ruled that the Delhi government would have control over all services and officers except those dealing with public order, police and land, ending another bitter standoff between the centre and the Kejriwal government on the issue.
The government of the national capital territory of Delhi (NCTD) should have control over services except the ones excluded from its legislative domain, a five-judge led by CJI D.Y. Chandrachud, said unanimously.
However, it would not extend to the services which comes under land, law and order and police. The LG shall be bound by the decision of NCTD over services apart from land, police and law and order, the top court said.
The LG shall exercise administrative powers as entrusted by the president, it said. His executive administration can only extend to the matters which falls outside legislative assembly but is limited to the powers entrusted by president. It cannot mean the whole of administration over the NCTD, the bench insisted.
“Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile.”
“Democratically elected governments should have control over its officers. If a democratically elected govt is not allowed to control its officers and hold them to account then its responsibility towards … the public is diluted…,” the court said.
Delhi is part of an asymmetric federal structure, the bench said.
“Federalism forms a part of basic structure. Federalism protects diverse interests and accommodates diverse needs. There is a dual polity in Delhi. One is the national government and one is a regional federal unit. These are elected by dual processes and there is dual manifestation of public will,” the bench said.
While NCTD is not a full-fledged state, it is not a state under the first schedule, yet it is empowered to legislate on certain matters. The Union government also has enough powers to protect its own interests, the bench said.
But the Union government cannot take over the governance of the NCTD, the bench clarified.
