Delhi government has legislative and executive powers over services: Supreme Court

The Supreme Court of India in a unanimous verdict today stated that the Delhi government has legislative and executive powers over services excluding matters related to police, public order and land. The bench heard the matter consists of Chief Justice of India DY Chandrachud, Justice Krishna Murari, Justice PS Narasimha, Justice MR Shah, and Justice Hima Kohli. The bench stated that in a democratic form of government, the power of administration must rest on the elected government. CJI said, “If officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected.” Through this verdict, it was determined that Lt Governor has powers, as entrusted by the president, under the administrative role but it does not mean that it has power over the entire Delhi Government. The top Court said, “...otherwise the purpose of having a separate elected body in Delhi will be rendered futile.” During the Proceedings, CJI remarked “If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable.” Moreover, the top Court disagreed with the 2019 judgment given by Justice Ashok Bhushan stating that “the city government has no power over the issue of services.” 

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