The Supreme Court has reserved its order regarding who should control the administrative services in Delhi and whether or not to send this issue to a five-judge Constitution Bench. Let us tell you that the Delhi government has filed a petition against the Centre, in the Supreme Court regarding the control over the civil services.
Earlier, during the hearing of the Delhi Government vs Central Government, the Centre said that it should have control over the transfers and postings of the officers, because Delhi is the capital of the country and the whole world sees India through the eyes of Delhi. At the same time, the Delhi government objected to the stand of the Centre.
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What Solicitor General Tushar Mehta explained?
Solicitor General Tushar Mehta on behalf of the Centre, in the Supreme Court, while interpreting 239 AA, also referred to the Balakrishnan Committee report. "Since Delhi is the national capital, it is necessary that the Centre has the right to appoint and transfer public servants. Delhi is the face of India. The essential feature about the laws of Delhi is dictated by how the great capital of this country will be administered. It is not about any particular political party," he said.
The Solicitor General, appearing for the Central Government before the apex court, argued that Delhi is a Class C state. For the world to see Delhi means to see India. The Balakrishnan Committee report has great significance in this regard. Since it is the national capital, it is essential that the Centre has exclusive powers over its administration and control over important issues.
The Centre told the Supreme Court that the matter should be referred to a five-judge Constitutional Bench, which was strongly opposed by the Delhi government.
Abhishek Manu Singhvi presented Delhi government
Senior advocate Abhishek Manu Singhvi represented the Delhi government in the Supreme Court. He argued, "There is no need to refer the matter to a larger bench as suggested by the Centre. During the last two-three hearings, the central government is debating to send the matter to the Constitution Bench. There is no need to discuss the Balakrishnan Committee report as it was rejected. I have been accusing him of creating disturbance through the Lieutenant Governor."
Delhi government accuses Centre of destroying the federal structure
A Constitution Bench of the Supreme Court ruled in 2018 that the administration of police, land and public order in the national capital Delhi rests with the Delhi government. The Centre has argued in the Supreme Court that the 2018 verdict did not mean that the Delhi government has the right to make laws on all subjects except land, police and public order.
At the same time, in this case, the Delhi Government argues that by continuously interfering in the decisions of an elected government through the Lieutenant Governor, the Centre is destroying the federal structure of the Constitution and has rendered the Delhi Legislative Assembly meaningless.
