Delhi government to have control over civil servant and administration of NCT Delhi: Supreme court of india
Title: NCT Delhi v UOI
Citation: WRIT PETITION (CIVIL) NO 1268 OF 2023
Dated on: 29.112023
Corum: HON’BLE JUSTICE DR DHANANJAYA Y CHANDRACHUD, JUSTICE J B PARDIWALA & JUSTICE MANOJ MISRA
Facts of the case
In the present case the petitioner, the Government of NCT of Delhi (GNCTD), seeks a direction to restrain the Union of India from appointing or extending the tenure of the Chief Secretary of GNCTD without its recommendation. Constitutional status of GNCTD: The Constitution Bench of the Supreme Court in 2023 held that GNCTD has legislative and executive power over services, except those related to public order, police and land, and that the Lieutenant Governor is bound by the aid and advice of the Council of Ministers of GNCTD on such matters. Amendment of GNCTD Act 1991: After the 2023 judgment, the President promulgated an ordinance and Parliament enacted an amendment act, which excluded the legislative competence of GNCTD over services and conferred the power of appointment of the Chief Secretary on the Central Government. The constitutional validity of these provisions is pending before the Constitution Bench.
Issue
The Court has to decide whether the Union Government has the unilateral power to appoint and extend the service of the Chief Secretary of GNCTD, and whether such power is consistent with the constitutional scheme of Article 239-AA?
Legal provision
Article 239AA(3)(a) of the Constitution of India grants the Legislative Assembly of the National Capital Territory (NCT) of Delhi the power to make laws for the whole or any part of the NCT with respect to matters enumerated in the State List or the Concurrent List. However, this power does not extend to matters related to Entries 1, 2, and 18 of the State List, and Entries 64, 65, and 66 of that List insofar as they relate to the said Entries 1, 2, and 1812. In other words, the Legislative Assembly has authority over various subjects, but certain specific matters remain within the purview of the Central Government.
Court analysis and judgment
In the present case The Supreme Court ruled that the lieutenant governor of Delhi had no independent decision-making powers and was required to follow the “aid and advice” of the Delhi chief-minister-led council of ministers of the Government of Delhi on all matters except police, public order, and land. The court said that on cases referred to him/her, the LG was required to follow the president’s directions. Although the court ruled that the lieutenant governor still had the right to seek the president’s opinion in case of a disagreement between him/her and the government, the president—who is bound by the aid and advice of the prime minister-headed Union Council of Ministers—would be the final authority in case of a conflict, with his or her opinion binding on both the LG and the Delhi government, it cautioned the LG to use this power only in exceptional circumstances.
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Written by- Namitha Ramesh