Centre vs Delhi govt: The Supreme Court on Thursday observed that it is unable to agree with Justice Ashok Bhushan's ruling in the split judgement of 2019. The top court has to decide the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.
It also ruled that the Centre will oversee police, and public order.
What the CJI observed:
- It has to be ensured that the governance of states is not taken over by the Union.
- The principle of democracy and federalism form a part of the basic structure federalism ensures the survival of diverse interests and accommodates diverse needs.
- A democratic elected govt can work only when the appointed officers will work with the govt, else they will not be committed to their work.
- L-G shall exercise powers under the administrative role as entrusted by the president. Executive administration can only extend to the matters which fall outside legislative assembly but is limited to the powers entrusted by the president and it cannot mean administration over the entire NCTD
- Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile. Democratically elected govt shall have control over its officers.
- If a democratically elected govt is not allowed to control its officers and hold them to account then its responsibility towards legislature and the public is diluted.
- If the officer is not responding to govt the collective responsibility is diluted. If officer feels they are insulated to elected govt they feel they are not accountable.
