GG News Bureau
New Delhi, 18th Jan. The Supreme Court reserved its decision on the contentious Centre-Delhi government dispute over control of services in the national capital on Wednesday.
A five-judge Constitution bench led by Chief Justice DY Chandrachud heard Solicitor General Tushar Mehta and senior advocate A M Singhvi for the central and Delhi governments for nearly four and a half days before deferring the decision.
Previously, the constitution bench was convened to hear the legal issue concerning the scope of the Centre’s and the National Capital Territory government’s legislative and executive powers over control of services in Delhi.
On May 6, the Supreme Court referred the issue of control of services in Delhi to a five-judge Constitution bench.
The Delhi government’s petition stems from a February 14, 2019 split verdict in which a two-judge bench of Justices A K Sikri and Ashok Bhushan, both now retired, recommended to the Chief Justice of India that a three-judge bench be formed to finally resolve the issue of control of services in the national capital.
Justice Bhushan ruled that the Delhi government had no authority over administrative services, whereas Justice Sikri made an exception. He stated that the transfer or posting of officers in the top echelons of the bureaucracy (joint director and above) can only be done by the Central government, and that the view of the lieutenant governor will take precedence in cases involving other bureaucrats.
A five-judge Constitution bench unanimously held in 2018 that the Lieutenant Governor of Delhi is bound by the aid and advice of the elected government, and that both must work harmoniously with each other.
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