Dispute between the Delhi government and the Centre over the control of administrative services

Subject: Polity

Section: Federalism

Context: Supreme Court has started hearing the dispute between the Delhi government and the Centre over the control of administrative services.

What are the legal issues before the SC?

There are two legal issues before the court:
- First, reference made by a two-judge Bench in February 2019, which, while deciding on the distribution of powers between the Delhi government and Centre, left the question of who will have control over the administrative services for consideration by a larger Bench.
- Second, Delhi government’s petition challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act 2021, which provided that the term “government” referred to in any law made by the Legislative Assembly of Delhi will imply the Lieutenant Governor (L-G).

Background:

SC in 2017 upheld the respective powers of the state Assembly and Parliament. It said that while the Council of Ministers must communicate all decisions to the L-G, this does not mean that the L-G’s concurrence is required.
- In case of a difference of opinion, the L-G can refer it to the President of India for a decision. The L-G has no independent decision-making power, but has to either act on the ‘aid and advice’ of the Council of Ministers or is bound to implement the decision of the President on a reference that is made.
In 2019 ruling agreed that the Anti-Corruption Branch of the Delhi government cannot investigate corruption cases against central government officials, and that the power to appoint commissions under The Commission of Inquiry Act, 1952, would be vested with the Centre and not the Delhi government.
The two judges differed on who should have control over the administrative services.
The Centre has contended that the two judges could not take a decision on the question of who controls services as the Constitution Bench in its July 2018 judgment had not interpreted the expression “insofar as any such matter as applicable to Union Territories” appearing in Article 239AA.
Therefore, it must be referred to a five-judge Constitution Bench which will first settle the question of law, only after which the dispute over who has control over services can be looked into.

What is Article 239AA of the Constitution?

Article 239 AA was inserted in the Constitution by The Constitution (69th Amendment) Act, 1991 to give Special Status to Delhi following the recommendations of the S Balakrishnan Committee that was set up to look into demands for statehood for Delhi.
It says that the NCT of Delhi will have an Administrator and a Legislative Assembly. Subject to the provisions of the Constitution, the Legislative Assembly “shall have power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories” except on the subject of police, public order, and land.

National Capital Territory of Delhi (Amendment) Act 2021