Delhi govt has control over services except for public order, police and land: SC
The Supreme Court has decided that except police, land and public order, all other services are vested in the Delhi government.
The Constitution Bench of the Supreme Court has held that the elected government of the National Capital Territory of Delhi has legislative and executive powers over the services under Entry 41 of List II of the 7th Schedule.
Observations of the Court
- With respect to matters falling within the legislative purview of NCTD, the Lieutenant Governor (LG) is bound to act with the aid and advice of NCTD’s Council of Ministers.
- The apex court has also affirmed that, under the provisions of Article 239AA of the Constitution, the central government has exclusive legislative and executive control over services relating to public order, land and police.
- The court said that a constitutionally established and democratically elected government must exercise control over its own administration.
- The civil service, under the control of ministers, implements the decisions of the Council of Ministers (CoM) to provide good governance.
- The National Capital Delhi was given special status by the 69th Constitutional Amendment Act, 1991.
- Also, it was given the right to form its own democratically elected government and legislative assembly.
- The Legislative Assembly shall have power to govern and make rules on all matters included in the State List or the Concurrent List which are applicable to the Union Territories.
- However, in the event of a difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer such matter to the President.
Source – Times of India