Delhi Government Case Vs LG

Context:

The Supreme Court of India has given the state government of Delhi complete control over administrative services in the National Capital Territory of Delhi (NCTD), except for public order, police, and land.

Background of the Issue:

The Delhi government and Lieutenant Governor have been in a legal battle since 2015 over control of “services” in Delhi. The Supreme Court gave a split verdict in 2019, and a five-judge Constitution Bench has now delivered its verdict on the issue of control and whether officers allocated to Delhi come under the administrative control of the Delhi government or Delhi LG. The case also included the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act 2021, which referred to the Lieutenant Governor as the “government” in any law made by the Legislative Assembly of Delhi.

Verdict of the SC :

• Centre had exclusive legislative and executive control over ‘services’ relating to public order, land and police as envisaged under Article 239AA.
• If a democratically elected government is not given the power to control the officers, the principle of the triple chain of accountability (Political, Administrative and Public accountability) will be redundant.

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