In a unanimous verdict, the Supreme Court on Thursday ruled in favour of the Delhi government having legislative and executive powers over services. It refused to agree with the 2019 judgement of Justice Ashok Bhushan that the administration doesn't control the civil servants in the Delhi government.

Reacting to the news, Delhi Chief Minister Arvind Kejriwal called for a meeting of his ministers on Thursday. He expressed his heartfelt thanks to the Supreme Court for "doing justice to the people of Delhi."

Following the news, Kejriwal has sought a meeting with Lieutenant Governor VK Saxena for Thursday evening.

Favouring the Delhi government over the Centre, the court observed that the Lieutenant Governor's administrative powers are limited to the powers entrusted by the President. It does not provide the LG administration over the entire National Capital Territory of Delhi.

The democratically elected government in Delhi is to have control over its officers, the court announced. Otherwise, the purpose of having a separate assembly for the National Capital Territory is rendered futile, it said.

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Hearing the Centre versus the Delhi government over the issue of demarcation of power, a constitution bench headed by Chief Justice DY Chandrachud said an elected government needs to have control over the administration.

The legislative will of the state assembly must be interpreted to give full impetus to the will of the people since Delhi's Legislative Assembly has members elected by the people of Delhi, the Supreme Court said.

The bench, which also comprised Justices M R Shah, Krishna Murari, Hima Kohli and PS Narasimha, said democracy and federal structure are part of the basic structure of the Constitution. Article 239 AA of the Constitution already provides ample safeguards to protect the interests of the Centre, the court observed.

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However, it noted that the Centre had sought to curb the powers of the Delhi government on subjects already excluded from its jurisdiction. Federalism in a multi-ethnic, pluralistic society like India embodies the spirit of democracy, the SC said.

The constitution bench was set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and the National Capital Territory government over control of services in Delhi.

AAP hails Supreme Court verdict

The ruling Aam Aadmi Party (AAP) rejoiced the Supreme Court order on the row, calling it a "big victory for the Delhi government" and a "tight slap" on the Centre's mission to topple state governments across India.

Delhi CM Arvind Kejriwal has called for a meeting of his ministers today following the verdict. He expressed his heartfelt thanks to the Supreme Court for "doing justice to the people of Delhi."

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Kejriwal added that the pace of development in the national capital will increase manifold following the court's ruling.

AAP minister Saurabh Bharadwaj hailed the SC's verdict crediting Kejriwal for the people's victory. CM Arvind Kejriwal fought a legal battle for the people of Delhi for eight years and today the people won, he said.

Senior advocate Abhishek Manu Singhvi representing the Delhi government said the SC's judgement was in favour of the people of Delhi and that he welcomed every legal count of it.

"We hope and trust that all such over-adventurous legal acrobatics as practised by the Central government in the NCT case will not reoccur," he said.

With agency inputs.

First Published:May 11, 2023 1:15 PM IST