AAP govt to seek early hearing of appeal in SC over issue of control over IAS, IPS and other officers in Delhi

The Delhi government will push for early hearing of its appeal before the Supreme Court relating to exercise of legislative and executive powers over IAS, IPS and other officers of various services in the National Capital Territory.

The Aam Aadmi Party (AAP) government would be seeking adjudication of the issue at the earliest, on the grounds that the elected government of Delhi has been excluded by the Central government from exercising any administrative control over the officers and that the officers are continuing to act on the orders of the Centre through the Lieutenant Governor (LG), Bar & Bench has reported.

The Supreme Court had on April 14, 2019 pronounced its verdict on various individual aspects relating to the tussle between the Delhi government and the LG.

However, the two judges on the Bench - Justices AK Sikri and Ashok Bhushan - had differed on the issue of 'services' under Schedule VII, List II, Entry 41 of the Constitution of India.

The issue considered by the Court was whether the exclusion of “services” relatable to Entry 41 of List II of the Seventh Schedule from the legislative and executive domain of the NCT of Delhi, vide a notification of the Government of India dated May 21, 2015, is unconstitutional and illegal.

Since the judges on the Bench differed, that aspect was referred to a larger Bench.

The Delhi government is now seeking an early hearing of the same. According to sources, the matter might be mentioned in the coming days for early listing.

In 2018, a Constitution Bench of the Supreme Court had interpreted Article 239AA of the Constitution, which contains special provisions with respect to the National Capital Territory. The peculiar status of the NCT and the powers of the Delhi Legislative Assembly and the LG and their interplay were debated in the case.

The Court in that judgment had ruled that the LG cannot act independently without the aid and advice of the Council of Ministers, and has to work harmoniously with the NCT government.

The appeals relating to individual aspects including services were then placed before a regular Bench for adjudication based on the Constitution Bench judgment. The 2019 judgment was delivered by the regular Bench pursuant to that, but the issue of 'services' remained unaddressed due to the difference in opinion between the two judges.