Centre Vs Delhi govt: ‘Real power lies with elected govt’, says SC bench

New Delhi: The Supreme Court, delivering judgement on the Delhi govt vs Centre tussle, said that since Delhi has an elected government, the Centre must not have all administrative control with itself.

The Chief Justice of India (CJI) Justice Chandrachud, presiding over the five-judge bench said that the Union government can’t have all the legislative powers.

What the 5-judge SC bench said

Supreme Court says the control over services shall not extend to entries related to public order, police and land Delhi government similar to other States represents the representative form of government and any further expansion of the Union’s power will be contrary to the Constitutional scheme, says SC.

Supreme Court holds that if administrative services are excluded from the legislative and executive domains, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.

Supreme Court says States too have the power but the executive power of the State will be subject to the law existing of the Union. It has to be ensured that the governance of States is not taken over by the Union

Supreme Court says in a democratic form of government, the real power of administration must rest with the elected government. If a democratically elected government is not given the power to control the officers, the principle of the triple chain of accountability will be redundant.

Supreme Court says if the officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected. The officers feel they are insulated from the control of the government, which will dilute accountability and affect governance