GOVERNMENT OF NCT OF DELHI versus UNION OF INDIA

Citation: [2023] 9 S.C.R. 493 · Decided: 11-05-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Reference answered

Cited by 1 judgment(s) · cites 15 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
493
GOVERNMENT OF NCT OF DELHI
v.
UNION OF INDIA
(Civil Appeal No. 2357 of 2017)
MAY 11, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI, M R SHAH,
KRISHNA MURARI, HIMA KOHLI AND
PAMIDIGHANTAM SRI NARASIMHA, JJ.]
Constitution of India: Seventh Schedule – List II, Entry 41 –
Art.239AA(3(a)) – NCT Delhi – Control Over Services – Distribution
of Power Between Union and State – IAS (Cadre) Rules, 1954 –
The Indian Administrative Service (Fixation of Cadre Strength)
Regulations, 1955 – r.2(c) – All India Services (Joint Cadre) Rules
1972 – Union Ministry of Home Affairs issued a notification dated
21 May 2015 which provided that the Lieutenant Governor of NCT
Delhi shall exercise control over “services”, in addition to “public
order”, “police”, and “land” – Notification was challenged before
the High Court which in turn upheld the constitutionality of the
notification – High Court declared that “the matters connected with
‘Services’ fall outside the purview of the Legislative Assembly of
NCT of Delhi” – On appeal being filed, two judge bench of this
court delivered a split verdict – Hence, the question came for
consideration before the Constitution Bench – Held: The references
to “State Government” in relevant Rules of All India Services or
Joint Cadre Services, of which National Capital Territory of Delhi
(NCTD) is a part or which are in relation to NCTD, shall mean the
Government of NCTD – It is evident that the Legislative Assembly
of NCTD does not exercise exclusive legislative powers over all the
entries in the State List – It is only in a demarcated constitutional
sphere that it is able to exercise its legislative power – It is the
responsibility of the government of NCTD to give expression to the
will of the people of Delhi who elected it – Therefore, the ideal
conclusion would be that Government of National Capital Territory
of Delhi (GNCTD) ought to have control over “services”, subject
to exclusion of subjects which are out of its legislative domain –
NCTD has already exercised its legislative power relating to Entry
41 of the State List – NCTD has legislative and executive power
[2023] 9 S.C.R. 493 : 2023 INSC 517
493
A
B
C
D
E
F
G
H
494
SUPREME COURT REPORTS
[2023] 9 S.C.R.
with respect to “services” under Entry 41 – The legislative and
executive power of control of NCTD over Entry 41 shall not extend
over to services related to “public order”, “police”, and “land” –
However, legislative and executive power over services such as
Indian Administrative Services, or Joint Cadre services, which are
relevant for the implementation of policies and vision of NCTD in
terms of day-to-day administration of the region shall lie with NCTD
– Officers thereunder may be serving in NCTD, even if they were
not recruited by NCTD – The Lieutenant Governor is bound by the
aid and advice of the Council of Ministers of NCTD in relation to
matters within the legislative scope of NCTD – As NCTD has
legislative power over “services” (excluding ‘public order’, ‘police’,
and ‘land’) under Entry 41 in List II, the Lieutenant Governor shall
be bound by the decisions of GNCTD on services – Any reference
to “Lieutenant Governor” over services (excluding services related
to ‘public order’, ‘police’ and ‘land’) in relevant Rules shall mean
Lieutenant Governor acting on behalf of GNCTD.
Constitution of India: Article 239AA, 239AA(3(b)) &
239AA(7) – Interpretation of phrase “insofar as such matter is
applicable to Union Territories” in Art.239AA – Held: The intent
and purpose of Article 239AA(3(b)) and Article 239AA(7) is to confer
an expanded legislative competence upon Parliament, when it comes
to Government of National Capital Territory of Delhi (GNCTD)
clearly since it is the capital of the country and therefore, must be
dealt with different considerations – To interpret the phrase “insofar
as any such matter is applicable to Union territories” in a restrictive
manner would limit the legislative power of the elected members of
the assembly – Thus, the legislative competence of National Capital
Territory of Delhi (NCTD) must be interpreted to give full impetus
to the will of the electorate – The executive power of NCTD is co-
extensive with its legislative power, that is, it shall extend to all
matters with respect to which it has the power to legislate – The
phrase ‘insofar as any such matter is applicable to Union Territories’
in Article 239AA(3) cannot be read to further exclude the legislative
power of NCTD over entries in the St

Excerpt shown. Read the full judgment & AI analysis in Lexace.