The Supreme Court has given a big decision on Thursday in the case of Chief Minister vs Lieutenant Governor in Delhi. The Supreme Court said the Delhi government should have the right to post and transfer officers. That means the Chief Minister will be the real boss of Delhi, not the Lt. Governor. This decision has come amid an ongoing tussle between the central and state governments overpowers. The top court said that the NCT government should have control over the administration of services except in areas where it does not have power.
The apex court said that the Lieutenant Governor is bound by the aid and advice of the NCT government except in matters relating to land, public order and police. Chief Justice of India D.Y. A five-judge bench headed by Chandrachud said that the principle of democracy and federalism is a part of the basic structure, and federalism ensures the existence of separate interests.
The top court said the Delhi government has legislative power over all services except public order, police and land. The bench said that if the services are kept out of the legislative and executive domain, the ministers would be excluded from controlling the civil servants who have to implement administrative decisions.
The bench said that the Legislative Assembly of Delhi symbolises the principle of democracy. It states that they are elected members, and Article 239AA should be interpreted to further the interest of democracy. The Supreme Court said that the states also have power, but the executive power of the state is subject to the existing law of the Union. It has to be ensured that the Union does not take over the governance of the states.
Let us tell you that in the case of Center vs Delhi Government, the court had reserved the decision after completing the hearing on January 18. The Kejriwal government of Delhi has accused the central government of obstructing the work. The Aam Aadmi Party had also accused the Lieutenant Governor of not allowing the elected government to function.
