With BJP set to form govt in Delhi, uncertainty over litigations against LG in SC

The Delhi government is embroiled in multiple litigations with the Lieutenant Governor in the Supreme Court including its plea challenging the Centre’s law establishing pre-eminence of the LG over the elected dispensation in controlling services in the national capital.

The subject matter of these petitions range from constitutional challenges to the provisions on law on control of administrative services in Delhi to the Centre’s decision to vest in the LG the power to appoint government lawyers.

The main reason behind the Delhi government approaching the top court is due to the pendency of a challenge to the GNCTD Act, 2023 which deals with the control of administrative services in the region.

With the BJP set to form government in the national capital, it would be interesting to see how these cases pan out before the top court with the change in guard in Delhi.

In April 2023, the Delhi government filed a petition on the issue of appointment of the chairperson of Delhi Electricity Regulatory Commission (DERC).

Later, another petition was filed against the LG’s approval with riders to send government school teachers to Finland for training.

Then, a petition sought for directions for release of funds by the LG to re-operationalise the Delhi government’s Farishte scheme.

Another case relates to contempt proceedings against the Delhi Development Authority (DDA) for the illegal felling of trees in Delhi Ridge in which role of Delhi LG V K Saxena is under scanner.

Parliament cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, that gave the LG sweeping control over service matters. After President Droupadi Murmu gave her assent, the bill became a law.

The top court had earlier referred to a five-judge constitution bench the government’s plea challenging the Centre’s May 19 ordinance which took away the control over services from the city dispensation and set off a fresh tussle between the two power centres.

The Centre had on May 19, 2023 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to create an authority for transfer and posting of Group-A officers in the national capital.

The Aam Aadmi Party (AAP) government termed it a “deception” with the Supreme Court verdict on control of services. The matter is still pending in the Supreme Court.

Before the ordinance was promulgated, a five-judge constitution bench headed by the Chief Justice, in a unanimous verdict, had sought to put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other union territories and has been accorded a ‘sui generis’ (unique) status by the Constitution.

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The apex court, in the judgment, had asserted an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.

Now, the new law has envisaged a National Capital Civil Service Authority for transfer, posting and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

The chief minister is one of the three members of the authority, while the other two are bureaucrats. The decisions by the authority are to be taken by a majority and, in the event of a dispute, the matter will be referred to the lieutenant governor whose decision will be final.

Transfer and posting of all officers of the Delhi government were under the executive control of the lieutenant governor before the top court verdict.