Supreme Court to listen to Plea On Delhi-Centre Row Over Control Of Services

The CJI said a bench headed by Justice DY Chandrachud will hear the dispute between the Centre and also the Delhi government.

Chief Justice NV Ramana on Monday said he has founded a five-judge Constitution bench to listen to the legal issue concerning the scope of legislative and executive powers of the Centre and metropolis Territory government over control of services in Delhi.

The CJI said a bench headed by Justice DY Chandrachud will hear the dispute between the Centre and therefore the Delhi government.

The matter was mentioned by an advocate before the bench also comprising Justices Hima Kohli and CT Ravikumar.

On May 6, the highest court stated a five-judge Constitution bench the problem of control of services in Delhi. 

The court had said the limited issue of control over services wasn't addressed by the Constitution bench which elaborately proscribed all legal questions.

"The limited issue that has been said this Bench relates to the scope of legislative and executive powers of the Centre and NCT Delhi with relevance the term 'services'. The Constitution bench of this court, while interpreting Article 239AA(3)(a) of the Constitution, failed to find any occasion to specifically interpret the impact of the wordings of the identical with regard to Entry 41 within the State List.

We, therefore, deem it appropriate to discuss with the above-limited question, for an authoritative pronouncement by a Constitution Bench...," it had said.

Sub Article 3 (a) of 239AA (which deals with the status and power of Delhi within the Constitution, deals with the law-making power of the Delhi assembly on the matters enumerated within the State List or the Concurrent List.

The central government had also sought a joint hearing of two separate petitions of the Delhi government on control over services and challenging the constitutional validity of the amended GNCTD Act, 2021 and also the Transaction of Business Rules, which allegedly give more powers to the elected official respectively, saying they're clear correlated. 

The plea by the Delhi government arises out of a split verdict of Saint Valentine's Day, 2019, in which, a two judge-bench of Justices AK Sikri and Bhushan, both retired since, had recommended to the judge of India that a three-judge bench be founded to finally decide the problem of control of services within the metropolis in sight of its split verdict.

Justice Bhushan had ruled the Delhi government had no power in the least over administrative services. Justice Sikri, however, made a distinction.

He said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central government and therefore the view of the elected official would prevail just in case of a difference of opinion on matters regarding other bureaucrats.

In the 2018 judgement, a five-judge Constitution bench had unanimously held that the elected official of Delhi is bound by the help and advice of the elected government, and both needed to figure harmoniously with one another.