Except for law and order and land...
On Thursday Supreme Court judgement ruled in favour of the Delhi government and stated that it will have power on all services except law and order and land. LG shall exercise powers under the administrative role as entrusted by the president.
Matters which fall outside the legislative assembly can only extend by executive administration but are limited to the powers entrusted by President and it cannot mean administration over the entire NCTD, otherwise, the purpose of having a separate elected body in Delhi will be rendered futile, the top court said. It is ideal to hold that democratically elected govt shall have control over its officers, it ruled.
It's the responsibility of the legislature and the public is diluted when a democratically elected government is not allowed to control its officers and hold them to account.
The CJI said, “If an officer is not responding to govt the collective responsibility is diluted… if an officer feels they are insulated from elected govt they feel they are not accountable."
The Constitution Bench said it does not agree with Justice Ashok Bhushan in the split judgment of 2019 on who has the power over Delhi's services etc – the Delhi government or the Centre. As CJI DY Chandrachud read the verdict, he said the principle of democracy forms a part of basic structure federalism, ensures the survival of diverse interests and accommodates diverse needs.
As the Delhi government is elected by the electorates it must be interpreted to further the cause of representative democracy, the CJI said.
"Delhi assembly is given powers to legislate to represent the will of the people.
The principle of democracy and federalism form a part of
The basic structure. Federalism ensures the survival of diverse interests and accommodates diverse needs," the CJI said.
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