The Supreme Court has questioned the need for having an elected Government in Delhi, after Centre categorically stated that administration of Union Territories are an extension of the Union of India and persons working in the UT are working “in services and posts in connection with the Union”.
Amid row between Centre and Delhi Governments, Supreme Court questions the need for an elected Government in National Capital
This issue came before five judge constitution bench headed by Chief Justice DY Chandrachud Singh , which was hearing the case for a third day on the vexatious Centre-Delhi government row over control of services and amenities in the National Capital.
Delhi has unique status: It has cosmopolitan culture & Capital of Union of India
Solicitor General Tushar Mehta appearing for the Central Government stated that national capital has special status and has a cosmopolitan culture. People from each and every state reside in it and have a sense of belongingness. In fact it is a miniaturized India.
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Legal and Constitutional Position of Delhi Government
During the daylong hearing , bench comprising of Justices MR Shah, Krishna Murari, Hima Kohli and PS Narsimha inquired about the legal and constitutional status regarding control of services in the national capital.
The bench quoted “As a broad principle, Parliament has the power to legislate upon entries of State and the concurrent list (of the 7th schedule). The Delhi legislative assembly does not have the power to legislate upon lists 1,2,18,64, 65 (Public order, Police and Land etc) of state list,”
Query pertaining to Executive Powers of Delhi Government
The Solicitor General was asked to explain why the legislative control of services was never intended to fall under Delhi’s purview. Tushar Mehta responded to this “The Union Territories are an extension of the Union. The very purpose of creating a geographical area as a UT shows that the Union wants to administer the territory,”
The law officer clarified, certain powers are co terminus, and the locally elected government will always retain operational authority over the officers and said “Functional control will be that of the elected government and we are concerned with administrative control,”.
The law officer continued by stating that Delhi is the nation’s capital and providing examples to support his arguments for why the Center must oversee the services and said “Let us examine the fundamental question, why that control is necessary. Suppose the central government posts an officer and …as per a policy of the Delhi government, he starts having non-cooperation with another state then there would be a problem,”
Additionally, anytime a request is made regarding an officer, the LG acts, he added, adding that the power rests with the Centre.
Next hearing to the matter will resume on January 17.
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