With Great Power, Respect: Underlining Power of Elected Govt in Delhi

Why in News?

• The Supreme Court of India pronounced a verdict which will give control over civil servants to the elected government; The Delhi Government.
• Now that the Delhi Govt has administrative powers it should start giving the respect to bureaucracy they deserve and listen to their advice. 

 

Events Leading to the Present Verdict

• A 2015 notification of the Union Home Ministry: The Lieutenant Governor of Delhi will have authority over "services." The Delhi Govt challenged this notification.
• Delhi High Court Judgement 2017: The Lieutenant Governor (LG) is not bound by the aid and advice of the Council of Ministers in every matter for administrative purposes of NCT.
• Supreme Court Ruling 2018: A five-judge Bench limited the LG’s jurisdiction to matters involving land, police, and public order. For all other matters, he must act with the aid and advice of the Council of Ministers.
• Supreme Court Split Judgement 2019: It was challenged by the Delhi Govt and a two-judge bench recommended that a three-judge bench be set up to decide the issue of control of administrative services, which was later referred to a Constitution Bench.
  • The recent verdict is given by this Constitution Bench

 

The Recent Verdict:

• A broad interpretation of Article 239AA(3)(a) would strengthen the basic structure of federalism.
  • Article 239AA(3)(a): With the exception of police, public order, and land, the Legislative Assembly of the NCT may legislate on any subject listed in the State List or Concurrent List.
• The legislative and executive power of Delhi over services shall not extend over to services related to public order, police and land.
• The legislative and executive power over Indian Administrative Services (IAS) or joint cadre of services, which are relevant for the implementation of policies and vision of NCT of Delhi, shall live with Delhi.
  • However, the Union government still has the power to post IAS officer in the national capital.
• Appointment of the Chief Secretary, Home department secretary, Delhi Development Authority (DDA) Vice-Chairperson and Commissioner of New Delhi Municipal Corporation (NDMC) will remain under the Union Government through the LG.

 

Key Takeaways from the SC’s Verdict

• Delhi’s status is unique: Despite being a Union Territory, the NCT of Delhiis a federal entity because Article 239 AA (inserted by the 69th Amendment Act 1991) adopts asymmetric federal model.
• The accountability and responsibility: Control over officers ensures Triple Chain of Accountability, which flows from bureaucrats to ministers, ministers to the legislature, and the legislature to the electorate.
• Principle of democracy: The real power is with the elected government.

 

The conflict between the Union and the Delhi government

• The Central Government has consistently maintained that because Delhi is the national capital and the face of the country, it must have control over administrative services, which include appointments and transfers.
• On the other hand, the Delhi government has argued that in the interest of federalism, the elected representatives must have power over transfers and postings.
• The Delhi government had also contended that the recently passed-the Government of National Capital Territory of Delhi (Amendment) Act 2021, violate the doctrine of basic structure of the Constitution.
  • The Amendment (to the Government of National Capital Territory of Delhi Act, 1991) provides that the term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor.

 

The Issue of Mistreatment of Bureaucracy by Current Delhi Government

• Suspicion of corruption: As the majority of the current Delhi Government come from a movement called “India Against Corruption”, they see the whole administrative machinery from the prism of corruption.
• Humiliation: Some ministers humiliated officers and gave threats of arrest and jail.
• The misuse of the Anti-Corruption Bureau: The bureau was unleashed on senior officers by the current Delhi government.

 

How Should Delhi Government Reframe the Relationship with Bureaucracy?

Officers must be given freedom, trust, and respect.

 

Conclusion

• The interpretation of Article 239AA(3)(a) given by the apex gives Delhi Government immense power with respect to administrative services and officers.
• With great power, it is now time for the Delhi government to put an end to its disregard for the bureaucracy and start working together in the interest of the capital.

 

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Q) What is the meaning of "Delhi is Sui Generis"? 

The Supreme Court, in a 105-page judgement, pointed out that virtue of Article 239AA, the National Capital Territory of Delhi (NCTD) is accorded a ‘sui generis’ status, setting it apart from other Union Territories. Article 239AA provides the framework for the exercise of legislative powers by the Assembly of Delhi and the Parliament in respect of Delhi. (Article 239 was not initially part of the Constitution of India 1950. It was inserted by the Constitution (Sixty-ninth Amendment) Act, 1991.)

 

Q) How does the verdict uphold the "Principle of Democracy"? 

If ‘services’ are excluded from the legislative and executive domain, then ministers will be excluded from controlling civil servants. And if officers stop reporting to ministers, then the principle of collective responsibility is affected, and according to the Apex Court’s judgement, in a democratic form of governance, the real power of administration must rest on the elected arm of government.

 

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Source: The Indian Express