Central Govt Files Review Petition In SC's Decision To Grant Delhi Govt To Control All Services In Delhi With Exceptions

The recent judgment by the Supreme Court, which granted the Delhi government control over all services in the national capital, except land, police, and law and order, has prompted the Central government to file a review petition. The Central government seeks reconsideration of the judgment, arguing that it infringes upon its authority. The Constitution Bench's ruling on May 11 emphasized that elected state governments must retain governance control and cannot be superseded by the Central government. As per the judgment, the Delhi government is granted administrative control over all services except those related to land, police, and law and order.

The recent judgment delivered by the Constitution Bench, comprising Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, was a unanimous decision. It established that the legislative power of the National Capital Territory (NCT) of Delhi extends to the Indian Administrative Service (IAS) officers, giving the NCT Delhi the authority to control them, even if they were not recruited directly by the NCT Delhi. However, the ruling clarified that this legislative power does not extend to services related to land, law and order, and police. The Lieutenant Governor (LG) of Delhi is bound by the decision of the NCT Delhi concerning services, except those falling under land, police, and law and order.

Following this judgment, the Central government has challenged the ruling. The move comes shortly after the President of India issued an ordinance granting overriding powers to the LG of Delhi, who is the nominee of the Central government. The ordinance empowers the LG to oversee the transfer, posting, and disciplinary proceedings of civil servants in Delhi. This step was taken to counteract the impact of the Supreme Court's judgment.