A three-judge bench of the Supreme Court is scheduled to hear next month the matter on who controls the administrative services in Delhi – a long-standing source of conflict between the Centre and the elected Delhi government.
The issue assumes significance as the Aam Aadmi Party (AAP)-led Delhi government and the Bharatiya Janata Party (BJP)-led Union government, which wields control over New Delhi through the Lieutenant Governor, have often bickered over the transfers and posting of bureaucrats and the issue of control over administrative services.
The AAP government has been awaiting a clear verdict on the issue, as two judgments of the Supreme Court – of July 2018 and February 2019 – had not provided any clarity.
Earlier this week, Chief Justice of India N.V. Ramana agreed to list the matter after Diwali vacation when senior advocate Rahul Mehra, while appearing for the Delhi government, urged an early hearing.
In his plea, Mehra had stated that two judges of the apex court, Justices Ashok Bhushan and A.K. Sikri, while delivering a judgment in the matter in February 2019, had held different opinions on the aspect of administrative control of officers in Delhi.
Mehra also contended that “since the entire administrative control vests currently with the Union government, it is an important issue and impedes on the ability of the Delhi government to govern and implement its policy.”
Backstory
In 2019, the Supreme Court’s two-judge bench had delivered a split verdict on the matter. While Justice Bhushan had held that the Delhi government has no power at all over administrative services, Justice Sikri had stated that the transfer or posting of officers of the rank of joint director and above can be done by the Union government while for other officers, the mandate of the Lieutenant Governor would prevail only in case of a difference of opinion.
Both the judges had stated that since they could not agree on this point, a three-judge bench would decide on the issue of services.
The judgment had evoked a strong response from AAP. Its senior leader and Rajya Sabha MP Sanjay Singh had tweeted that justice delayed is justice denied. He asked if the court has lost its dignity.