NEW DELHI, May 11: The Delhi Government has legislative and executive powers over administration of services except for public order, police and land, the Supreme Court ruled today in a huge victory for the ruling AAP dispensation in its festering feud with the Centre.
A five-Judge constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, put an end to the eight-year-old dispute between the Centre and the Delhi Government triggered by a 2015 Home Ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other Union Territories and has been “accorded a ‘sui generis’ (unique) status by the Constitution.
Against the backdrop of frequent run-ins between the AAP Government and the Centre’s point man, the Lieutenant Governor, the apex court asserted an elected Government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.
“The Legislative Assembly of NCTD has competence over entries in List II and List III (state and concurrent list) except for the expressly excluded entries of List II (Public order, police and land)…”, the Supreme Court ruled in a 105-page judgement.
The top court said in the spirit of cooperative federalism, the Centre must exercise its powers within the boundaries created by the Constitution.
“The NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a ‘State’,” it said.
The court held the executive power of the Delhi Government is “co-extensive with its legislative power” and it also covers all matters with respect to which it has the power to legislate.
“We hold that references to ‘State Government” in relevant Rules of All India Services or Joint Cadre Services, of which NCTD (National Capital Territory Delhi ) is a part or which are in relation to NCTD, shall mean the Government of NCTD,” the CJI, writing the judgement for the bench said.
The AAP, which has been up in arms against the Centre for being shorn of the power to exercise control even over subjects on which it is empowered to legislate, hailed the verdict.
AAP supremo and Delhi Chief Minister Arvind Kejriwal termed the order a “victory of democracy”, while his party said it was a “tight slap” on the mission to topple state Governments across the country.
Kejriwal also expressed his “heartfelt thanks” to the Supreme Court for “doing justice to the people of Delhi” and said the pace of development will increase manifold.(PTI)
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