Supreme Court rules in favour of AAP govt over administrative services control in Delhi

The Supreme Court took cognisance of the matter in 2018, when its constitution bench had interpreted Article 239 AA of the Constitution. The article talked about the special provisions with respect to the National Capital Territory (NCT).

The Supreme Court on Thursday (May 11) ruled in favour of the Aam Aadmi Party-led Delhi government and said that Delhi government similar to other States represents the representative form of government and any further expansion of the Union's power will be contrary to the Constitutional scheme.

CJI DY Chandrachud said, "This case deals with the asymmteric model of federal governance in the country. The issue is who will have the power to control administrative services in Delhi, whether the Delhi Govt or the LG, representing the Union Govt."

The Supreme Court holds that it does not agree with Justice Bhushan's judgment that Delhi Govt has no power at all over services.

"Article 239A(3)(A)(a) does not confer multiple safeguards to ensure that the interests of Union Govt are protected. It provides GNCTD legislature has no power to deal with entries 1, 2 and 8 of list 2," the CJI said.

On January 18, the bench had reserved its order after hearing the points laid out by Solicitor General Tushar Mehta and senior advocate AM Singhvi on behalf of the centre and the Delhi government.

The Constitutiona bench was formed to hear the legal issues related to the scope of legislative and executive powers of the centre and the NCT government over control of civil services in Delhi.

The Supreme Court took cognisance of the matter in 2018, when its constitution bench had interpreted Article 239 AA of the Constitution. The article talked about the special provisions with respect to the National Capital Territory (NCT).

In its judgement, the apex court had ruled that the LG can't act independently without discussing NCT's  matter with Council of Ministers. The SC also directed LG to work harmoniously with the NCT government.

In 2019, a regular bench, which was dealing with the matter, including services, pronounced its verdict on several individual aspects relating to the tussle between the Delhi government and the LG. But the two judges on the bench had differed on the issue of 'services' under Schedule VII, List II, Entry 41 of the Constitution of India.