Must Read

Officers to report to Delhi government not the Delhi LG, rules SC

By IndianMandarins- 11 May 2023


New Delhi (11.05.2023): Delhi LG cannot have all encompassing administrative supervision over all issues relating to UT of Delhi. LG's powers do not empower him to interfere with the legislative powers of the Delhi assembly and elected government. This is the essence of the decision of the Supreme Court in a unanimous judgment on May 11, 2023. SC’s judgement ruled that the Delhi government would have control over all services in the national capital, including IAS, except those pertaining to land, police and law and order.

Implication and major takeaways of the verdict could be summed up like this: The Delhi government will have control over bureaucrats. If administrative services are excluded from the legislative and executive domains, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.

The Delhi government like any other state represents the representative form of government and any further expansion of the Union's power will be contrary to the Constitutional scheme. If officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected.

The Centre has power over land and law & order. States too have the power but the executive power of the state will be subject to the law existing of the Union.

It has to be ensured that the governance of states is not taken over by the Union. The principle of democracy and federalism form a part of basic structure of federalism, ensures the survival of diverse interests and accommodate diverse needs. The Delhi government is selected by the electorate of Delhi and must be interpreted to further cause of representative democracy.

free stat counter