The Constitutional Bench comprising of Chief Justice DY Chandrachud and four other judges said on that it would have to find a balance and decide whether the control over services and Transfer of officers in Delhi should be with the union government of India or the Delhi government or a median has to be found.
A five-judge Constitution bench termed “collective responsibility, aid and advice” as bedrocks of democracy.
Solicitor General Tushar Mehta, appearing for the Centre, submitted before the bench that the ACR of Delhi government officials is written by the Chief Minister of Delhi and they have given 9.9 or 9.5 or 9 out of 10 marks for their duties and discipline.
The Solicitor General also submitted that only 7 cases have been referred to the President since 1992. All decisions and policies are being made and implemented by the Council of Ministers of Delhi.
Solicitor General Mehta commenced the submissions and told the bench that he would try to clear the perception which has sought to be created that the Lt Governor is “doing everything”, the officers have allegiance elsewhere and the Delhi government was “just symbolic”.
Mr. Mehta added that a “total of 18,000 files came to the LG as per the law and all files were cleared.”
The apex court referred to the three entries such as public order, police and land on the State list of subjects where the Delhi government cannot legislate as per Article 239AA (Special provisions with respect to Delhi).
it said, “Article 239AA preserves collective responsibility, aid and advice – these are bedrocks of democracy. And three subjects (public order, police and land) have been carved out in national interest. So you need to balance both. The question we have to answer is control over public services. Should control on public services lies exclusively with one, or another, or should there be a median.”
The top court will resume hearing the matter today on Thursday.
