In an important and consequential verdict on Thursday that could help resolve the recurring impasse caused by the ungainly friction between the Lieutenant Governor and the elected government in Delhi, the Supreme Court has underlined the primacy of the NCT’s elected representatives in its governance, and upheld the principle of federalism. A five-judge Constitution Bench headed by Chief Justice DY Chandrachud ruled that the bureaucrats in charge of the NCT’s administration have to report to Delhi’s council of ministers, except in matters related to policing, public order and land. The Centre had argued that it — and its representative, the lieutenant governor — needed “the power to make transfers and posting of officers in Delhi on account of it being the national capital” and the “face of nation”. But CJI Chandrachud rightly pointed out, “If a democratically elected government is not given the power to control the officers, the principle of accountability will be redundant. If the officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected.” The unanimous verdict should bring a closure to the tussle between the L-G and the Arvind Kejriwal government which has all too often thrown a spanner in the works of the Delhi administration.
Delhi’s special position as the country’s capital requires a careful and forward-looking re-imagination of the federal contract. However, instead of leading the way towards that end, the Centre has, in recent times, used the L-G’s office to muscle its way into the NCT’s administration. During the hearing of the case, Solicitor General Tushar Mehta’s reasoning that Delhi is not a full-fledged state invited the CJI’s admonition: “What is the point of having an elected government if the administration is to be carried out at the beck and call of the Centre?” The Centre would do well to heed the larger message in Thursday’s verdict: “It has to be ensured that governance of states is not taken over by the Union”. As for the AAP, after it has savoured its moment of victory, it needs to get down to its work with renewed vigour — now it may no longer be able to point to central interference through the L-G as alibi.
