SC rules in favour of Delhi govt in power battle with Centre, grants it power over officers

New Delhi, 11th May 2023: The Supreme Court on Thursday ruled in favour of the Delhi government and announced that the elected government will have power over all services except law and order of the land.

The unanimous judgement emphasised that the legislature has complete control over bureaucrats in the administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT). There are three areas outside the control of the Delhi government: public order, police and land.

The case began with the overall disputes of bureaucrats in the administration of services, except in areas outside the legislative powers of the National Capital Territory (NCT). The issue of bureaucratic control was part of a larger tussle between the elected government in Delhi and the Lieutenant Governor (LG) nominated by the Centre.

This comes as the Centre had approached the SC arguing for the power to transfer and post officers in Delhi because it was the national capital and the “face of the nation”.

The CJI, however in a strongly worded ruling, clarified that the executive administration could only extend to matters falling outside the legislative assembly, and that does not mean administration over the entire NCTD region.