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The Supreme Court on Thursday ruled unanimously in favour of the Delhi government on the issue of who controls the bureaucracy in the national capital.
A five-judge bench headed by Chief Justice of India DY Chandrachud held that the legislature has control over bureaucrats in administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT).
The Supreme Court unanimously held that the legislature has control over bureaucrats in administration of services
At the centre of the dispute is the question of the regulation of services. This comes nearly five years after another Constitution Bench of the court had ruled in favour of the Aam Aadmi Party-led state government in a similar tussle.
Delivering its verdict on the matter, the Supreme Court held that it was unable to agree with Justice Ashok Bhushan's judgment that Delhi govt has no power at all over services.
The Supreme Court says: "Article 239A establishes legislative assembly for National Capital Territory of Delhi. Members of the legislative assembly are elected by Delhi electorate. Art 239A must be interpreted so as to further the representative democracy."
But the court said control over services would not extend to entries related to public order, police and land.
According to the apex court, the Delhi government, much like other States, represents the representative form of government and any further expansion of the Union's power will be contrary to the Constitutional scheme.
Further the court held that 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.
It clarified that the executive power of the State will be subject to the law existing of the union.
The apex court pointed out that if officers stop reporting to ministers or do not follow their instructions, the principle of collective responsibility will be affected.
Chief Justice of India DY Chandrachud says: "If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant.”
(With inputs from PTI)
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