Centre vs Delhi: Real power of administration must rest on the elected arm of the government, says CJI Chandrachud
‘In a democratic form of govt, real power of administration must rest on the elected arm of the government,’ Chief Justice of India DY Chandrachud said.
“In a democratic form of govt, real power of administration must rest on the elected arm of the government,” Chief Justice of India DY Chandrachud said.
“The executive power of union in a state over matters on which both union and states can legislate is limited to ensure that governance of state is not taken over by the union. This would completely abrogate the federal system of governance and the principle of representative democracy,” CJI DY Chandrachud added.
“LG shall exercise powers under the administrative role as entrusted by the president. executive administration can only extend to the matters which falls outside legislative assembly but is limited to the powers entrusted by president and it cannot mean administration over entire NCTD,” CJI DY Chandrachud said.
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“Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile.... democratically elected govt shall have control over its officers. if a democratically elected govt is not allowed to control its officers and hold them to account then its responsibility towards legislature and public is diluted. if officer is not responding to govt the collective responsibility is diluted.. if officer feels they are insulated to elected govt they feel they are not accountable,” Bar and Bench quoted CJI as saying.
In May 2021, a three-judge bench of the Supreme Court decided to refer a case regarding the powers of the GNCTD and Union government over services to a larger bench, following a request by the Central government. This case has now been posted before a Constitution bench.
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Previously, on February 14, 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the issue of powers of the GNCTD and Union government over services.
Justice Ashok Bhushan had ruled that the Delhi government has no power over administrative services, while Justice AK Sikri had stated that only the Central government can transfer or post officers in top positions of the bureaucracy. In the case of differences of opinion relating to other bureaucrats, the view of the Lieutenant Governor would prevail.
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Business NewsNewsIndiaCentre vs Delhi: Real power of administration must rest on the elected arm of the government, says CJI Chandrachud
First Published:11 May 2023, 12:01 PM IST
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