Decoding the Delhi Governance: Supreme Court Affirms Government Authority Over Services Except Public Order, Police, and Land 

legal-updates

Decoding the Delhi Governance : On May 11, 2023, a five-judge Constitution Bench of the Supreme Court of India ruled. That the Delhi government has legislative and executive authority over services. Except for matters pertaining to public order, police, and land. The ruling is a major victory for the Arvind Kejriwal-led government, which has been locked in a long-running battle with the central government over control of the bureaucracy in Delhi.  

The Supreme Court’s ruling was based on a detailed analysis of the constitutional provisions governing the governance of Delhi. The Court held that while the central government has exclusive powers over public order, police, and land, the Delhi government has plenary powers over all other matters, including services.  

The Court’s ruling has far-reaching implications for the governance of Delhi. It will now be up to the Delhi government to decide on the postings and transfers of all bureaucrats, including those currently under the central government’s control. This will give the Delhi government a much-needed say in the day-to-day administration of the city.  

The ruling is also a significant setback for the central government, which has been trying to control the bureaucracy in Delhi in order to limit the powers of the elected government. The Court’s ruling has made it clear that the Delhi government is a full-fledged state government with all the powers that come with it.  

Decoding the Delhi Governance : Background to the Dispute

The dispute over control of the bureaucracy in Delhi dates back to 2013 when the Arvind Kejriwal-led government was first elected. The central government, led by the Bharatiya Janata Party (BJP), refused to hand over control of the bureaucracy to the Delhi government.  iting a 2011 notification that gave the lieutenant governor (LG) of Delhi sweeping powers over the administration of the city.  

The Delhi government challenged the notification in Court, and the Supreme Court eventually ruled in its favour in 2018. The Court held that the notification was unconstitutional and that the LG did not have the power to interfere in the day-to-day administration of the city.  

However, the central government refused to implement the Supreme Court’s ruling, and the dispute continued. In 2020, the Delhi government filed a fresh petition in the Supreme Court, seeking a complete transfer of control of the bureaucracy to the state government.  

Supreme Court’s Ruling

Decoding the Delhi Governance : The Supreme Court’s ruling on May 11, 2023, finally put an end to the dispute. The Court held that the Delhi government has legislative and executive authority over services with exceptions of matters pertaining to public order, police, and land.   

The Court’s ruling was based on a detailed analysis of the constitutional provisions governing the governance of Delhi. The Court held that while the central government has exclusive powers over public order, police, and land, the Delhi government has plenary powers over all other matters, including services.  

The Court’s ruling is a major victory for the Arvind Kejriwal-led government, which has been locked in a long-running battle with the central government over control of the bureaucracy in Delhi. The ruling will now give the Delhi government a much-needed say in the day-to-day administration of the city.  

Conclusion

The Supreme Court’s ruling on May 11, 2023, is a significant development in the governance of Delhi. The ruling has given the Delhi government much-needed control over the bureaucracy, which will allow it to implement its policies and programs more effectively.

The ruling is also a setback for the central government, which has been trying to control the bureaucracy in Delhi in order to limit the powers of the elected government. The Supreme Court’s ruling is a victory for democracy and the people of Delhi. It is a reminder that elected governments must have the power to govern and that the bureaucracy must be accountable to the people. 

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

Tags :

Share This:

Legal Updates