Big Win For Arvind Kejriwal, SC Unanimous On Who Controls Services In Delhi

New Delhi: The Supreme Court on Thursday held that Delhi government would have control over all services in the national capital, including the Indian Administrative Service (IAS), the Bar and Bench reported.

There are three areas outside the control of Delhi government: public order, police and land.

“The Delhi government ought to have control over services, subject to exclusion of subjects which are out of its legislative domain,” the 5-judge constitution bench headed by Chief Justice of India DY Chandrachud said while refusing to agree with the 2019 judgement of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.

“The National Capital Territory of Delhi government has legislative and executive powers over services sans…Public order, police and land. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services,” the bench further said.

“If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. If officers are not responding to the government, the collective responsibility is diluted. If officers feel they are insulated from the elected government, they feel they are not accountable.”

Notably, the question of the regulation of services was a major part of the overall dispute between the elected government in Delhi and the Lieutenant Governor (LG) nominated by the Centre.

A two-judge Bench comprising Justices A K Sikri and Ashok Bhushan had, earlier in 2019, delivered a split verdict on the issue of services while interpretingArticle 239AA of the Constitution, which contains special provisions with respect to the National Capital Territory (NCT). Since the judges differed, it was taken up by a three-judge bench, which then referred the matter to the Constitution Bench on the Centre’s request.

Hailing the verdict, Aam Aadmi Party (AAP)chief and chief minister Arvind Kejriwal tweeted that the decision will help boost the national capital’s pace of development.

AAP Rajya Sabha member Raghav Chadha called the verdict a “landmark decision” and said it sends a stern message. “Satyamev Jayate. Delhi wins. Hon’ble Supreme Court’s landmark judgment sends a stern message that officers working with the government of Delhi are meant to serve (the) people of Delhi through the elected government and not unelected usurpers parachuted by Centre to stall governance, namely LG,” he tweeted.