Centre moves SC seeking verdict review on Delhi government's legislative
The Centre moved the Supreme Court on Saturday seeking a review of its May 11 Constitution Bench judgment which held the Delhi government had "legislative and executive power over services" in the national capital. On Friday, the Centre brought an ordinance to constitute a National Capital Civil Service Authority to recommend postings and transfers of Group A officers and DANICS officers serving in Delhi.
Why does this story matter?
This move by the central government comes after the country's top court delivered a judgment on the matter earlier this month, almost five years after another Constitution Bench of the court ruled in the Arvind Kejriwal-led Delhi government's favor over a similar issue. Notably, the Kejriwal government in the national capital has no control over three key areas: public order, land, and police.
Apex court earlier held Delhi government had power over services
Centre's ordinance on Delhi services
Promulgated by President Droupadi Murmu, the ordinance brought by the central government on Friday sought to amend the 1991 Government of National Capital Territory (NCT) of Delhi (GNCTD) Act. Furthermore, it essentially negated the Constitution Bench verdict that granted the Aam Aadmi Party (AAP) government the authority to make laws and have control over bureaucrats deputed to the Delhi government.
Details on what Constitution Bench said
A five-judge bench, led by Chief Justice DY Chandrachud and Justices Krishna Murari, MR Shah, PS Narasimha, and Hima Kohli, last week stated, "The division of administrative powers between the Union and the NCTD as explained...must be respected." In its 105-page-judgment, the top court also added that Kejriwal's AAP government in Delhi was not similar to other union territories.
Union has executive power only over 3 areas in Delhi
Furthermore, the bench also noted that the Delhi government's executive power was co-extensive with its legislative power and shall extend to all matters over which it has the power to legislate. "The Union of India has executive power only over the three entries in List II over which the government of NCTD does not have legislative competence," said the court.
Details on previous verdict
A two-judge Supreme Court bench in February 2019 gave a split verdict on the question of the authority of the GNCTD and the Union government over services in the national capital and referred the issue to a three-judge bench. Later on, the matter was sent to a five-judge Constitution Bench of the apex court.
