Delhi
The Central government has filed a review petition before the Supreme Court against the top court’s recent judgment that held that the Delhi government has control over all services in the national capital, including the Indian Administrative Service (IAS) officers, except those pertaining to land, police and law and order
A Constitution Bench of the apex court had held on May 11 that the governance of elected governments of States cannot be taken over by the Central government.
It had, therefore, held that the Delhi government would have control over all services except those pertaining to land, police and law and order.
In a unanimous judgment, the Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held,
“The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.”
The Central government government has now challenged the same.
The development comes hours after the President of India passed an ordinance to give overriding powers to the Lieutenant Governor (LG) of Delhi, who is the Central government nominee, to oversee the transfer, posting and disciplinary proceedings against civil servants in Delhi.
The ordinance was passed to overcome the judgment of the top court.
Read more about the judgment here.
Read more about the ordinance here.
