3 Judge Bench to be constituted to decide issue of Services in Delhi Govt vs LG

Supreme court Law Insider IN
Supreme court Law Insider IN

Swarna Shukla

Published On: October 05, 2021 at 13:10 IST

Senior Advocate Rahul Mehra discussed before the Supreme Court the matter relating to the legal dispute between the Government of Delhi and the Union Government relating to the control of services.

In February 2019, a Division Bench of the Supreme Court delivered a split verdict on the question of powers of the GNCTD and Union Government over services and referred the matter to a 3 Judge Bench.

The split verdict was on the issue of who has the powers to appoint and transfer officers of State Public Services under Entry 4, List II of the Constitution of India.

The verdict was given by Justice A.K Sikri and Ashok Bhushan. Justice Sikri held that transfer and posting of Officers of and above the rank of Joint Secretary are under the powers of the Lieutenant-General of Delhi Government.

On this, Justice Bhushan gave dissent and held that services were totally outside the purview of Delhi Government.

In 2018, a 5 Judge Bench of the Top Court laid down broad parameters for governance of Delhi, which has witnessed a power struggle between the Centre and the Delhi Government since the Aam Aadmi party came in power in 2014.

In the landmark verdict, the Supreme Court unanimously held that Delhi cannot be accorded the status of a State but clipped the powers of the Lieutenant Governor (LG) saying, “He has no independent decision making power and has to act on aid and advice of the elected Government.”

The Delhi Government has filed a Writ Petition before the Supreme Court challenging the recently passed GNCTD (Amendment) Act 2021, which gives enhanced powers to the LG over the elected Government. 

Also Read: Supreme Court: Superior Courts can interfere to prevent Miscarriage of Justice

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