In a unanimous ruling, a constitutional bench of the Supreme Court said the Delhi government must control services.
A huge win for Delhi in its long-running power struggle with the Centre, the Supreme Court today declared that the real power of administration rests with the elected government.
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In a unanimous ruling, a constitutional bench of the Supreme Court said the Delhi government must control services.
According to the Supreme Court, the Delhi assembly can legislate to represent the people’s will.
Chief Justice DY Chandhrachud read out the order, saying “the principle of collective responsibility is impaired when officers stop reporting to ministers and do not follow their instructions.”
The Lieutenant Governor, who represents the Centre in Delhi, is bound by the decisions of the elected government and the council of ministers.
The Supreme Court ruled that the Lt Governor has certain powers under his administrative role but cannot be given control over the entire Delhi government, otherwise the purpose of having an elected body in Delhi would be defeated.
The democratically elected government is diluted if it is not permitted to control its officers and hold them accountable. The collective responsibility of officers is diluted if they do not respond to the government. “If an officer feels insulated from the elected government, they feel they are not accountable,” the Chief Justice said.
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