Delhi Government Has Control over Officer, LG Has Nothing with it

A Big news has come for AAP Govt of Delhi from Supreme Court.  The Supreme has said that the Govt of Delhi has right to control over IAS officer. This means Transfer Posting of officers will under control Delhi government.

In a significant judgment, the Supreme Court on Thursday held that the Delhi government would have control over all services in the national capital, including the Indian Administrative Service।

In a unanimous judgment, a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held,

LG shall exercise powers under the administrative role, Officers Transfer Posting Under State Govt- Read Full Judgement here

Explaining the reason behind its decision, the Court said, “LG shall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly…and it cannot mean administration over entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile. Democratically elected government shall have control over its officers. If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. If officers are not responding to the government, the collective responsibility is diluted. If officers feel they are insulated from the elected government, they feel they are not accountable.”

The judgment stated that while a state or union territory has the power to make laws on subjects under the Concurrent List, the same will be subject to the existing Central law. At the same time, it has to be ensured that the governance of states is not taken over by the Central government, the Bench opined.