The Supreme Court verdict on the power tussle between the Lieutenant-Governor and the Delhi government put to rest several of the contentious issues barring the issue of control of services in the Capital.
The two-Judge Bench of Justice A.K. Sikri and Justice Ashok Bhushan agreed to the point that Entry 41 of List II of the Seventh Schedule of the Constitution, which deals with “State Public Services; State Public Service Commission”, is not available to the Delhi Legislative Assembly. Justice Sikri ruled that the transfers and postings of Secretaries, Head of Departments (HoDs) and other officers in the scale of Joint Secretary to the Government of India and above can be done by the Lieutenant-Governor and the file submitted to him directly.
For other levels, including Delhi, Andaman and Nicobar Islands Civil Service (DANICS) officers, the files can be routed through the Chief Minister to Lieutenant-Governor, Justice Sikri said.
ADVERTISEMENT
“In case of difference of opinion between the Lieutenant-Governor and the Chief Minister, the view of the former should prevail and the Ministry of Home Affairs can issue a suitable notification in this regard,” Justice Sikri added.
Justice Bhushan, however, was of the opinion that since Entry 41 is not available to the Legislative Assembly of GNCTD, there is no occasion to exercise any Executive power with regard to “services” by the Delhi government.
Justice Bhushan also cited Balakrishnan Committee Report which opined that services in connection with the administration of the Union Territory of Delhi will be part of the services of the Union even after the setting up of a Legislative Assembly with a Council of Ministers.
ADVERTISEMENT
He also upheld the August 2016 verdict of the Delhi High Court which said that matters connected with “services” fall outside the purview of the Legislative Assembly of NCT of Delhi.