The long-standing tussle between the Delhi government and the Centre over bureaucratic control has once again reached the Supreme Court (SC), as both sides seek resolution and clarity on the matter. The dispute, which has been a source of contention for several years, highlights the complexities of power-sharing arrangements in the capital city.
The Delhi government, led by Chief Minister Arvind Kejriwal, has been asserting its authority over the bureaucracy in the national capital, arguing that it should have control over the appointment and transfer of bureaucrats. On the other hand, the Central government maintains that the Lieutenant Governor (LG) holds the power to make these decisions, citing constitutional provisions.Source:- India today
In response to the ongoing disagreement, the Delhi government approached the Supreme Court seeking a definitive interpretation of Article 239AA of the Constitution, which governs the administration and governance of Delhi. The Delhi government contends that the elected government should have primacy in matters of governance, including the appointment and transfer of officials.
The Supreme Court has agreed to hear the matter and will examine the constitutional provisions and past judgments related to the issue. The court’s decision will have far-reaching implications for the functioning of the Delhi government and its relationship with the Centre.
The previous legal battle between the Delhi government and the Centre was resolved by a five-judge Constitution Bench of the Supreme Court in 2018. The court ruled that the LG must work harmoniously with the elected government and that decisions should be taken in consultation with the Chief Minister. However, certain matters, including public order, police, and land, were excluded from the purview of the elected government.
The current plea by the Delhi government seeks further clarity on the scope and extent of its powers in light of the earlier judgment. It aims to define the boundaries of administrative control and ensure effective governance in the capital city.
The tussle over bureaucratic control has often resulted in administrative challenges, delays in decision-making, and an environment of uncertainty. The resolution of this matter will provide much-needed clarity and establish a framework for the smooth functioning of the Delhi government.
As the case reaches the Supreme Court, legal experts anticipate an in-depth examination of constitutional provisions and precedents. The court’s verdict will shape the future course of bureaucratic control in Delhi, impacting governance, accountability, and the working relationship between the elected government and the LG.
The SC’s intervention in this matter underscores its role as the ultimate arbiter of constitutional disputes, providing an opportunity for a definitive interpretation of the relevant provisions. The decision is eagerly awaited by both the Delhi government and the Centre, as it will lay the foundation for a clearer and more efficient administrative framework in the national capital.
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Tussle Over Bureaucratic Control Between Delhi Govt, Centre Reaches SC Again
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