Delhi vs Centre: SC's 3-judge bench to hear dispute on control of services

New Delhi, March 3 The Supreme Court on Thursday said a three-judge bench will hear the dispute between the Central and the Delhi governments in connection with the control over administrative services in the capital.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government, submitted before a bench headed by Chief Justice N.V. Ramana that his client is a government but it cannot transfer officers. "I want to appoint a Health Secretary, but I cannot do that as LG's intervention is required," he said. Citing issues with discipline, he emphasised: "I am a government...I cannot appoint or transfer officers."

The Central government counsel submitted before the bench, also comprising Justices A.S. Bopanna and Hima Kohli, that this matter should be referred to a Constitution bench. The bench replied that referring the matter to the Constitution bench was not necessary. "We don't think it is required... 3-Judge Bench will hear the matter," it said.

The top court also issued notice on the Delhi government plea challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act, 2021. The Delhi government claimed that the Act increased the powers of the Lt Governor over the elected government. It has been claimed that law gives sweeping powers to LG by declaring him to be the "Government of Delhi".

The top court directed the Central government to file a counter affidavit and scheduled the matter for hearing after four weeks.

A two-judge bench, headed by Justice A.K. Sikri and comprising Justice Ashok Bhushan, in February 2019, delivered a split verdict on the question of powers of the Delhi government and the Centre over services and referred the matter to a 3-judge bench.

Justice Bhushan held that the Delhi government had no power over 'services', while Justice Sikri, took the middle path.

The Delhi government had contended that the Centre had excluded the elected government in the capital from exercising any administrative control over the officers. The government further argued that officers are continuing to act on the orders of the central government through the Lt Governor.

Justice Sikri concluded that files on the transfers and postings of officers in the rank of Secretary, Head of Department and Joint Secretary could be directly submitted to the Lt Governor. Justice Bhushan, however, said Entry 41 of the State List in the Seventh Schedule of the Constitution, dealing with 'State Public Services,' was outside the purview of the Delhi Legislative Assembly.

Justice Sikri said for DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre, the files could be processed through the Council of Ministers led by the Chief Minister to the L-G. He had said the situation in Delhi was "peculiar".

The February 2019 judgment followed a Constitution Bench verdict in July 2018, where the bench held that Lt Governor was bound by the aid and advice of the Council of Ministers of the National Capital Territory government.