New Delhi: On the dispute regarding the right of transfer-posting of officers in Delhi, the Supreme Court, while giving a verdict in favor of the Delhi government, said that the Delhi government will have the right of posting and transfer officers. Before pronouncing the verdict, the CJI said that this decision has been taken with the consent of all the judges. The Constitution Bench of the Supreme Court said that police, public order, and land-related powers will be with the Centre. Before reading the verdict, the CJI said that this is the decision of the majority. Before giving the verdict, the CJI said that it is necessary to deal with the arguments of the Center to limit the powers of the Delhi government. Apart from this, he said that this matter is only of control over the services.
The CJI said that the elected government should get the powers to run the administration, otherwise it is a big loss to the federal structure. Officers who are posted for their duty should listen to the ministers. There is a huge flaw in the system. He should have the administrative system in the elected government. If the elected government does not have this right, then the triple chain of accountability is not complete.
CJI Chandrachud said that NCT is not a complete state. In such a situation, the state does not come in the first list. The rights of NCT Delhi are less as compared to other states. The constitution bench comprises Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha. The Constitution Bench of the Supreme Court will decide in whose hands the control of the services between Delhi and the Central Government will be. The Supreme Court had reserved the verdict on 18 January.
The Center had given a plea to the Constitution Bench to hear the matter
In fact, on February 14, 2019, a two-judge bench of the Supreme Court had given a decision on who would control the administrative services in Delhi, but the two judges had different views on the decision. Therefore, the matter was referred to the Chief Justice to constitute a three-judge bench for the decision. Meanwhile, the Center had argued that the matter should be sent to a bigger bench i.e. Constitution Bench.
The decisions of the two judges were different
On July 4, 2018, the Supreme Court gave a decision on several issues in the Lieutenant Governor vs. Delhi Government dispute but left some issues such as control over services ie officers for further hearing, after which on February 14, 2019, 2 judges on this issue The bench had given the decision, but the decision of both Justices, Justice AK Sikri, and Justice Ashok Bhushan, was different. After this, the matter came before the bench of 3 judges. Then at the behest of the Centre, finally a five-judge bench headed by Chief Justice DY Chandrachud heard the case.
The argument of the Delhi government
The Delhi government argued that in 2018, the Constitution Bench of the Supreme Court had said that except for some matters like land and police, Delhi’s elected government would have supremacy in all matters, that is, control would remain with the government. At the same time, the Central Government had said that the situation has changed due to the amendment made in the Government of NCT of Delhi Act. Delhi is the national capital. The government here cannot be given the same rights as the government of a full state. The central government also said that the Delhi government wants to maintain a state of controversy continuously to do politics.
