New Delhi: The Supreme Court on Thursday pronounced its verdict in the dispute between the Centre and the Delhi government on who should control administrative services in the capital and said that the elected government needs to have control over the administration. The five-judge constitution bench headed by Chief Justice of India DY Chandrachud delivered a unanimous verdict and said that the Delhi government has legislative and executive powers over services.

The bench, which also comprised Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, refused to agree with the 2019 judgment of Justice Ashok Bhushan that the city government has no power over the issue of services. It stated that democracy and federal structure are part of the basic structure of the Constitution.

It is notable that the case was posted before a Constitution bench after a three-judge bench had in May 2021 decided to send it to a larger bench on a request by the Central government.

Earlier on February 14, 2019, a two-judge bench of the top court delivered a split verdict on the question of powers of the Government of National Capital Territory of Delhi (GNTCD) and Union government over services and referred the matter to a three-judge Bench. While Justice Ashok Bhushan ruled that the Delhi government has no power at all over administrative services, Justice AK Sikri said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central government and the view of the Lieutenant Governor would prevail in case of a difference of opinion for matters relating to other bureaucrats.

The two-judge bench which was hearing pleas on six matters pertaining to a long-running conflict between the Centre and the Delhi government, had given a unanimous order on the remaining five issues except the control over services.

Prior to February 2019 judgment, a five-judge constitution bench of the Supreme Court had on July 4, 2018, laid down the broad parameters for governance of the national capital. In the landmark verdict, it had unanimously held that Delhi cannot be accorded the status of a State but clipped the powers of the LG saying he has no ‘independent decision-making power’ and has to act on the aid and advice of the elected government.

It had restricted the jurisdiction of the LG to matters pertaining to land, police, and public order, and on all other matters, it held that the LG would have to act on the aid and advice of the council of ministers. 

Governance of the national capital has witnessed a power struggle between the Centre and the Delhi government since Arvind Kejriwal’s Aam Aadmi Party (AAP) came to power in 2014.