Supreme court Judgement on Delhi Govt v. LG, Summaries of Constitutional Law

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SUPREME COURTS VERDICT ON DELHI GOVT VS LG GNCTD VS LG The Supreme Court on May 11 ruled unanimously in favour of Delhi government on the issue of who controls the bureaucracy in the national capital. The 5-judges constitution bench, headed by Chief Justice of India DY Chandrachud comprised of Justice M R Shah, Krishna Murari, Hima Kholi and P S Narasimha. The five-judges Constitution Bench tackled the question of who has administrative control over transfers anc postings of bureaucrats in the capital. It was held that the Lieutenant Governor, who represents the Centre in Delhi, is bound by the elected government’s decision on services. Although the LG has to act on the aids and advice of the Council of Ministers in all his acts, except those functions where the LG is permitted to exercise his own discretion. The legislative and executive power of NCTD over Entry 41 (state public services) shall not extend over to services related to ‘public order, police and land’. However, legislative and executive power over services such as IAS or joint cadre services, which are relevant for the implementation for the policies and the vision of NCTD in terms of day to day administration of the region shall lie with the NCTD.” Article 239AA stipulates legislative power of Delhi Govt is excluded with respect to specified lists. Entries 1, 2 and 18 of list 2 (public order, police and land). The legislative structure is to exclude only specified entries from the power of the legislative assembly of GNCTD.