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SC sends Delhi power tussle case to larger Bench:
Why in news?
- A Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan on Thursday gave a split opinion on whether the Delhi government has control over the administration’s services.
- It has decided to refer the question to a larger Bench.
What is the issue?
- Two-judge Bench of the apex court gave its decision in the Delhi government vs Centre case.
- One judge saying that the elected government had no powers over services matters.
- Other saying that the files regarding DANICS officers could be routed through the Council of Ministers to the Lieutenant-Governor.
Justice Bhushan held:
- Delhi government has no power over services.
- Entry 41 of the State List in the Seventh Schedule of the Constitution (dealing with State Public Services) was outside the purview of the Delhi Legislative Assembly.
Justice Sikri on Files on transfer:
- He took a middle path
- Files on the transfers and postings of officers in the rank of secretary, head of department and joint secretary could be directly submitted to the Lieutenant Governor (LG).
- According to DANICS (Delhi, Andaman & Nicobar Islands Civil Service) the files could be processed through the Council of Ministers led by the Chief Minister before being sent to the LG.
Justice Sikri also proposes:
- Setting up of Civil Service Boards to take care of service matters in case of grade one, two, three and four officers.
- The Boards regarding grade four and three officers could be led by the Services Secretary and the other by the Chief Secretary.
Distribution of powers
- Delhi govt. will enjoy powers over three areas:(1) Appointment of special public prosecutors and law officers.(2) Fixing land revenue rate.(3) Power to appoint or deal with electricity commission or board.
- Powers given to centre:(1) Delhi Anti-corruption Branch cannot probe central government.(2) Centre has the power to appoint enquiry commission.
Source
The Hindu