The Central Government has filed a review petition before the Supreme Court challenging the top court’s recent judgment that the Government of National Capital Territory of Delhi (GNCTD) has control over all services in the national capital, including Indian Administrative Service (IAS) officers, with the exception of land, police, and law and order.
On May 11, the Constitution Bench of the Apex Court ruled that the Central government cannot take over the governance of elected governments in the states.
It had, therefore, held that the Delhi government would have control over all services except those pertaining to land, police and law and order.
In a unanimous judgment, the Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held,
“The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.”
The Central government has now challenged the same.
The development comes just hours after the President of India signed an ordinance granting the Lieutenant Governor (LG) of Delhi, the Central government’s nominee, overriding powers to oversee transfer, posting, and disciplinary proceedings against civil servants in Delhi.
The ordinance was passed in order to overcome the judgment of the Apex Court.
