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Government of NCT of Delhi v. Union of India

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Government of NCT of Delhi v. Union of India

The Court will decide whether the Union or the State government has control over the Civil Servants of the National Capital Territory of Delhi.

Petitioners Arguments
The power to frame law over the public services under the Entry 1 of List II of the Constitution lies with the State government by the virtue of Article 239AA of the Constitution. The five-judge bench in 2018 in National Capital Territory of Delhi v. Union of India had clearly held that the Union had control only over land, police and public order issues in Delhi. The Chief Minister is the executive head of the NCT and without the power to appoint transfers and appointments, the government is virtually powerless. The request of the issue has been dealt by the Constitution bench and there is no obligation to refer it again.. Even if the Union relies on Balakrishnan Committee’s recommendation and the assumption that the commission adopted an anti-federal stand in favor of the Union government, it is a historical fact and cannot be used as an aid of interpretation.
Responders Arguments
The issue of administrative control over services under Article 239AA involves a substantial question of law and therefore must be referred to a larger bench. From the bare reading of the order made in 2017 for reference to the Constitution bench, it can be gathered that the terms of reference required all aspects of Article 239AA to be interpreted.
Last Listed On
2023-05-11
Start Date
2022-05-06
End Date
2023-05-11
Card Stage Date
2023-05-11
Review Petition No
C.A. No. 2357/2017
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Disposal Time
1 year, 6 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgment pronounced by 5 Judge Bench

Date of reference to larger Bench

Judgment pronounced by 2 Judge Bench

The erstwhile Delhi Metropolitan Council set-up was cumbersome and had inherited deficiencies in governance, since it had no legislative power and acted as an adviser in the role of governance of Delhi. On 24-12-1987, the government of India appointed a committee to look into the ‘Reorganization of Delhi Set-up’ which was called the “Sarkaria Committee” headed by Justice R.S. Sarkaria. Later, when Justice R.S. Sarkaria resigned; it was named as the “Balakrishnan Committee” headed by civil servant S. Balakrishnan. The Committee submitted its report on 14-12-1989 recommending that there should be a legislative assembly with appropriate powers to deal with matters that concern the citizens of Delhi. On the recommendation of the Balakrishnan Committee, the government brought the Constitution (69th Amendment) Act, 1991 which was passed by the Parliament. This amendment inserted Articles 239AA and 239BB in the Constitution and provided legislative assembly to the people of Delhi. The Parliament also passed the National Capital Territory of Delhi (GNCT) Act, 1991 in accordance with the Constitutional amendment. In 2016, the Delhi High Court, through the judgment of Government of National Capital Territory of Delhi v. Union of India , held that Delhi is a Union Territory and the Lt. Governor of Delhi is not bound by the “aid and advice” of the Delhi Legislative Assembly. This judgment was the result of growing conflict between the Delhi Chief Minister and the Lt. Governor over issues like appointment of bureaucrats and other administrative discords. In 2018, the Constitution bench of the Supreme Court, led by the then Hon’ble Chief Justice of India Dipak Misra, in NCT of Delhi v. Union of India , through three separate but concurring judgments ruled in favor of the Government of Delhi. The Constitution bench held that the Chief Minister is executive head of the NCT and the Lt. Governor is bound by the “aid and advice” of the Council of Ministers on matters where the Delhi Assembly has powers to make laws. In 2019, a division bench of the Supreme Court in Government of NCT of Delhi v. Union of India delivered a split judgment on the interpretation of “Services” in Entry 41 of List II of the Seventh Schedule of the Constitution. Justice A.K. Sikri held that the Delhi government has authority over the services, whereas Justice Bhushan ruled in favor of the Union Government. The matter was referred to the three-judges bench of the Supreme Court. In 2021, the government enacted the Government of National Capital Territory (Amendment) Act, 2021 . This amendment amended the Sections 21, 24, 33 and 44 of the Government of National Capital Territory Act, 1991 and stated that the term ‘government’ in the National Capital Territory of Delhi meant the Lt. Governor of Delhi. It also gave discretionary powers to the Lt. Governor even in matters within the legislative competence of the Delhi Assembly. It further barred the Assembly of Delhi or its committees from making rules to take up matters concerning day-to-day administration. In 2021, the Delhi Government challenged the Amendment before the Supreme Court by filing a writ petition. In 2022, the Supreme Court’s three-judge bench composed of the Hon’ble Chief Justice N.V. Ramana, and Justices Surkya Kant and Hima Kohli referred the matter to the five-judge Constitution bench.

As per Article 239AA of the Constitution, what is the scope of legislative and executive powers of the Centre and the Government of NCT of Delhi with respect to “services” under Entry 41 in State list?

Article 239AA of the Constitution of India

The limited reference made to the three-judge bench relates to the scope of legislative and executive powers of the Centre and NCT Delhi with respect to the term “services”. The Constitution bench did not deliberate upon the impact of exact wordings in respect of Entry 41 in the State list while interpreting Article 239AA(3)(a) .

Government of NCT of Delhi v. Union of India [CA No. 2357/2017]

Government of NCT of Delhi v. Union of India [W.P.(C) No. 5888/2015]

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Explained:The administrative services row between the Delhi and Central governments

Explained:The administrative services row between the Delhi and Central governments
Source Of Info
The Hindu
Date Of Fr
2022-05-09

On Delhi, the Centre’s move goes against the spirit of federalism

On Delhi, the Centre’s move goes against the spirit of federalism
Source Of Info
Observer Research Foundation
Date Of Fr
2021-03-19