Big win for Kejriwal government in tussle with Centre
What's the story
The Supreme Court (SC) on Thursday ruled unanimously in favor of the Delhi government on the matter of who controls the national capital's bureaucracy.
The five-judge SC bench, headed by Chief Justice of India (CJI) DY Chandrachud, stated that the legislature has control over bureaucrats in the administration of services, except in parts outside the legislative powers of the National Capital Territory (NCT).
Context
Why does this story matter?
The verdict in the matter comes almost five years after another Constitution Bench of the court ruled in favor of the Arvind Kejriwal-led Delhi government over a similar issue.
It is however worth noting that the Kejriwal government in Delhi still has no control over three areas: public order, land, and police.
Details
Article 239AA establishes legislative assembly for NCTD: SC
While announcing its verdict regarding the dispute between the Centre and Delhi government over the national capital's administrative services, the court said, "Article 239AA establishes legislative assembly for the National Capital Territory of Delhi (NCTD). Members of the legislative assembly are elected by Delhi electorate."
"Article 239A must be interpreted so as to further the representative democracy," it added.
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Here's what SC said on Lieutenant Governor's powers
The Lieutenant Governor (L-G), the Centre's representative in Delhi, is bound by the elected government's decision on services as well as the advice and assistance of the council of ministers.
The SC added that the L-G has powers under the administrative role, but it doesn't mean administration over the Delhi government "otherwise, the purpose of having a separate elected body will be rendered futile."
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Know what CJI Chandrachud said
"If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted," the CJI said.
"If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable," he added.
Further details
AAP leaders react to SC's verdict
Following the judgment, several AAP leaders lauded the SC's decision.
Taking to Twitter, AAP MP Raghav Chadha said, "Honorable Supreme Court's landmark judgment sends a stern message that officers working with Govt of Delhi are meant to serve people of Delhi through the elected government & not unelected usurpers parachuted by Centre to stall governance, namely LG."
Twitter Post
Twitter post by Chadha
Satyamev Jayate
— Raghav Chadha (@raghav_chadha) May 11, 2023
Delhi wins✌️
Hon'ble Supreme Court's landmark judgement sends a stern message that officers working with Govt of Delhi are meant to serve people of Delhi through the elected government & not unelected usurpers parachuted by Centre to stall governance, namely LG.
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Massive defeat for BJP government under PM Modi: Jasmine Shah
Meanwhile, Dialogue and Development Commission of Delhi (DDCD) Vice-Chairperson Jasmine Shah reacted to it by calling the verdict a huge defeat for the dictatorial actions of the Bharatiya Janata Party (BJP) government under PM Narendra Modi.
"Today's SC verdict giving the elected govt control over officers is a victory not just for AAP govt but for everyone who believes in democracy," Shah added.
Twitter Post
Shah's reaction on Twitter
Congratulations to the people of Delhi!!
— Jasmine Shah (@Jasmine441) May 11, 2023
Today's SC verdict giving the elected govt control over officers is a victory not just for AAP govt but for everyone who believes in democracy.
Also a massive defeat for the dictatorial actions of BJP govt under PM Modi.#SatyamevJayte