Get Honorary PhD

War on rights between CM and LG in Delhi! Supreme Court gave a big decision

Khushbu Kumari Jha
War on rights between CM and LG in Delhi Supreme Court gave a big decision
War on rights between CM and LG in Delhi Supreme Court gave a big decision

The Constitution Bench of the Supreme Court gave a major verdict today on the right of transfer-posting of officers in Delhi.

Today, the Constitution Bench of the Supreme Court gave a big verdict on the transfer-posting of officers in Delhi. The Chief Justice of India (CJI) said that the opinion of all the judges regarding the decision is the same, that is, whatever the CJI reads, it will be the decision of the entire bench. The CJI said that the question before us was about control over administrative services. Who has control - LG or Delhi government? The CJI said that in 2018, the Constitution Bench had decided on some issues. We do not agree with the opinion of Ashok Bhushan given in 2019. Knowing that Justice Bhushan had said that the right of the central government is made on the services). Then Justice Bhushan said that the authority of the Delhi government is not created.

The real power of administration with the elected government

Please tell that the court mentioned Article 239 AA. According to this, the Delhi government has the right to assembly. There is an elected government. But the interests of the Central Government should also be looked into. The CJI said that democracy and federalism are the most important principles of our constitution and are part of the basic structure of the constitution. In a democratic setup, the real power of administration rests in the hands of the elected government. If the officers feel that the elected government has no control over them, then definitely their efficiency will be affected.

Delhi government will have control over administrative services

The CJI said that if the government does not have control over the officers, then how will the government implement the policy? The court believes that the officers of the subjects who come under the Delhi government should be controlled by the Delhi government. The court decided that the administrative services would be controlled by the Delhi government. There will be no control only on those services which are related to police, land, and public order. All other administrative services will be controlled by the Delhi government.

Rights battle between Delhi CM and LG?

The war between the Center and the Delhi government has been going on for a long time. We tell you what the Center and the Delhi government have to say in this matter. The Delhi government says that the state government does not have control over the police. LG is obstructing the functioning of the government. The central government is using LG. At the same time, the central government has said that Delhi is the capital of the country, it cannot be left to the trust of the state. The Center is responsible for the security of the Parliament and the Embassy.

How did this controversy start?

Know how the 'war' of rights started in Delhi. The British made Delhi the capital. After 1947, the states were divided into Part A, B, and C. Delhi was placed in Part C. Till 1956, Delhi had its own assembly. In 1956 the State Reorganization Act came. Delhi became a Union Territory. Then President's rule was imposed by dissolving the Delhi Assembly. The National Capital Territory Act was passed in 1991. In 1993, the assembly was again formed in Delhi. It was decided that both governments will work together under the NCT Act. Powers were divided in the Central-Delhi government.

What is the Government of NCTD Act?

Now let us tell you what is the Government of NCTD Act, which was amended in the year 2021, on which there is a whole controversy. In 2021 the Government of NCTD Act was passed. The Central Government gave many powers to the Lieutenant Governor. The AAP government filed a petition in the Supreme Court against this law. AAP alleges that LG is being used to obstruct the work.