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Govt. of NCT of Delhi v. Union of India

Civil Appeal · 2019 INSC 194Decided 14 Feb 2019
Civil Appeal No. 2357 of 2017
Justice A.K. Sikri · Justice Ashok Bhushan

Background

This batch of appeals arose from a 2016 Delhi High Court judgment on the long-running tussle between the elected Delhi Government (GNCTD) and the Lieutenant Governor/Union Government over who controls the administration of the National Capital Territory. After the Supreme Court's 2018 Constitution Bench ruling interpreted Article 239AA in general terms, several specific disputes were left to be resolved by this smaller bench, including who controls transfers/postings of bureaucrats ("Services"), whether Delhi's Anti-Corruption Branch can act against central government employees, and whether GNCTD qualifies as the "Appropriate Government" under certain statutes.

Decision Breakdown

The Court held that control over "Services" (Entry 41 of List II) is not available to the Delhi Legislative Assembly, meaning the GNCTD cannot exercise independent executive power over transfers and postings of officers except where expressly delegated or provided by Parliament, so Civil Appeal No. 2357/2017 was disposed of upholding the High Court's dismissal of GNCTD's writ petition. On the other connected issues, the Court held that Delhi's Anti-Corruption Branch has jurisdiction limited to GNCTD employees and does not extend to Union employees, and that the Lieutenant Governor must act on the aid and advice of the Council of Ministers for certain functions (such as appointing a Special Public Prosecutor) where the subject matter falls within Delhi's legislative competence.

Lesson Learnt

Even an elected Delhi government's executive powers are constitutionally capped: for example, it does not automatically control the bureaucrats posted to work for it, since the distinct constitutional status of a Union Territory limits what an elected local government can do relative to a full State.

Official source (sci.gov.in)View Judgment (PDF)

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