Delhi Govt vs LG: ‘Democratically elected government has right to control officers,’ says Supreme Court
New Delhi: A five-judge constitution bench of the Supreme Court on Thursday gave its important verdict on the dispute between the Delhi government and the Centre. The Supreme Court said that the Delhi government should have the right to post and transfer officers, which means the Chief Minister will have all the power in Delhi, not the Lt. Governor.
Reading out the judgement, CGI Chandrachud said that the states also have the power, but the executive power of the state is subject to the existing law of the Union. The court said that the powers of the Delhi government are less as compared to other states. There is an elected government here, but the government has limited powers. The court accepted that the elected government has accountability towards the public.
The Supreme Court said that both the Centre and the States have the right to make laws, but care should be taken that the Centre does not interfere so much that it takes over the work of the State Government. If any officer feels that the government cannot control him, then his responsibility will decrease and his work will be affected. The Lieutenant Governor will have to act only on the advice of the Delhi government.
A five-judge constitution bench comprising Chief Justice D. Why. Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha. The Supreme Court gave a unanimous decision on the Delhi government's petition regarding control over administrative services.
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