By Abhishek Anand: The Supreme Court on Thursday ruled in favour of the Delhi government on the issue of who would control the officers in the national capital. A five-judge Constitution bench headed by Chief Justice DY Chandrachud held that the Delhi government would have all rights related to services and administration except in areas outside its legislative powers.
Following the top court’s order, Omesh Saigal, former chief secretary of Delhi, said,
“Despite Supreme Court’s order in favour of Delhi government over control on services department, the grey areas in the bureaucracy of the national capital still exists. The ultimate hiring power resides with the Centre.”
“The Centre has Arunachal Pradesh, Goa, Mizoram and Union Territories (AGMUT) cadre for Delhi and other union territories. Grey areas still exist. What happens if Delhi demands its own public service commission after this order? If they demand so, who will make recommendations, hiring in such cases,” Saigal asked.
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Saigal also said that there will be a sense of clarity among ‘most’ of the officers about whom to report. However, the post of chief secretary seems difficult.
“The position of chief secretary, who has been asked by the Lieutenant Governor at occasions to investigate matters against Deputy CM or CM, is now in a difficult situation. Now, the L-G cannot dictate him to give details or probe a file or something against the Chief Minister or Cabinet,” he added.
On Thursday, the Supreme Court held that the Delhi government would have all rights related to services and administration except in areas outside its legislative powers.
However, the authority of police, public order and land will remain with the Centre.
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The Supreme Court, while giving a unanimous verdict, said, the “L-G cannot have comprehensive administrative powers on all issues related to Delhi. The L-G’s powers do not give him the right to interfere with the legislative powers of the Delhi Assembly and the elected government.”
“The right of posting and transfer of officers will be with the Delhi government. The elected government should have the right to administrative service. The Lieutenant Governor will have to accept the advice of the government. The authority of police, public order and land will remain with the Centre,” said Supreme Court in its order.
The Delhi government will now be able to decide on the posting and transfer of officers on its own. The Delhi government will not need to take the L-G’s approval for every decision it makes. Like other states, the Lieutenant Governor will have to follow the advice of the government.
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