The Supreme Court on 11th May ruled that the Delhi government has legislative and executive powers over administrative services in the national capital.
Key points
- The unanimous ruling by a five-judge Constitution Bench, headed by Chief Justice of India DY Chandrachud, said the decision would further the basic structure of federalism.
- The court concluded that Delhi under the constitutional scheme is a Sui Generis (or unique) model, and is not similar to any other Union Territory.
- Delhi presents a special constitutional status under article 239AA. Article 239AA specifically excludes land, police and public order from the purview of the legislative powers of the Delhi government.
- The court acknowledged that these three issues can also have some overlap with “services”.
- The legislative and executive power of Delhi over Entry 41 (services) shall not extend over to services related to public order, police and land. However, legislative and executive power over such services such as Indian administrative services, or joint card of services, which are relevant for the implementation of policies and vision of NCT of Delhi in terms of day to day administration of the region, shall live with Delhi.
- The Court held that the Lieutenant Governor was, according to Article 239AA, bound by the aid and advice of the Council of Ministers of NCTD in relation to matters within the legislative scope of NCTD, which included all ‘services’ coming under Entry 41 of the State List of the Seventh Schedule of the Constitution except those related to public order, police and land.
