SC to Consider AAP’s Plea Challenging LG’s Control Over Services

The Supreme Court told the Delhi government on Friday that it would consider scheduling the plea challenging the central government’s law, which establishes the pre-eminence of the lieutenant governor over the elected dispensation in controlling services in the national capital.

A bench led by Chief Justice D Y Chandrachud was urged by lawyer Shadan Farasat, representing the AAP government, that since constitution benches are handling cases, the plea of the Delhi government on the issue of services could also be taken up.

“I have this in mind,” the CJI told Farasat.

On September 27, 2023, the apex court had directed that a common compilation of submissions be filed by both parties in the petition by the Delhi government. Before this, the CJI-led bench had allowed the Delhi government to amend its petition challenging the central government’s ordinance, which established the pre-eminence of the lieutenant governor over the elected dispensation in controlling services.

The amendment of the petition became necessary after the ordinance was replaced by a law.

The bench took note of the submissions of senior advocate Abhishek Singhvi that initially, the challenge was against the ordinance, which later became a law after clearance by both Houses of Parliament and presidential assent. Parliament passed the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, granting the lieutenant governor sweeping control over service matters. After receiving the president’s assent, the bill became law.

Previously, the apex court had referred the Delhi government’s plea challenging the Centre’s May 19 ordinance, which took away control over services from the city dispensation, to a five-judge constitution bench, setting off a new dispute between the two power centers.

The Centre had promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 on May 19 last year to establish an authority for the transfer and posting of Group-A officers in Delhi.

The Aam Aadmi Party (AAP) government described it as a “deception” against the Supreme Court verdict on service control. The matter is still pending in the Supreme Court. Before the ordinance was promulgated, a five-judge constitution bench led by the Chief Justice, in a unanimous decision, had aimed to resolve the eight-year-old dispute between the Centre and the Delhi government, initiated by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration distinct from other union territories and accorded a ‘sui generis’ (unique) status by the Constitution.

The apex court, in the judgment, emphasized that an elected government should have control over bureaucrats; otherwise, the principle of collective responsibility would be adversely affected. Now, the new law has proposed a National Capital Civil Service Authority for the transfer, posting, and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

The chief minister is one of the three members of the authority, while the other two are bureaucrats. Decisions by the authority are made by a majority, and in case of a dispute, the matter will be referred to the lieutenant governor, whose decision will be final. The transfer and posting of all officers of the Delhi government were under the executive control of the lieutenant governor before the top court’s verdict on May 11, 2023.