Five Judge Bench of Supreme Court gives transfer and posting powers to Delhi government saying that LG will function with the advise of elected Delhi govt.
The five judge bench of Supreme Court led by the chief justice of India Y. V. Chandrachud today accorded the Delhi government the power of transfers and postings of Delhi bureaucrats saying that it is the duly elected government and the Lt governor will function in the advice of council of ministers of Delhi government. The apex court specifically said that the law and order, Delhi Police and land are under the central government and rest of the things including postings and transfers under the state government. This judgement of the five judge bench has also said that under extraordinary or special circumstances the LG may recommend the matter to the president of India and will act on the basis of President’s orders not on his own. According to the the latest news the five judge bench of supreme Court comprising of the chief justice Y. V. Chandrachud, Justices M. R. Shah, Krishna Murati, Hima Kohli, and P. D. Narsimha in its verdict said that the Delhi government will have the same powers as granted to Delhi Assembly and the LG will function on the advise of the Delhi elected government. While delivering the judgement the apex Court said that the Delhi government is a duty elected government as other states and the democracy and federalism has to be honoured. However under the clause 239 AA of the Constitution gives certain powers to Delhi assembly but an equilibrium has been maintained with the centre. The bench catagorically said that the LG should not intervene or contravene in Delhi assembly powers and the duly elected government should have all democratic rights to control its bureaucracy and manage transfers and postings. It this want happen then the bureaucrats may go hey wire and the Delhi government won’t function credibly. The Court repeated that the LG will function with the advise of the Council of ministers in delivery of services and un Special/ exceptional circumstances case may seek the advise from the honourable president of India and take decisions accordingly. Except land, law and order and police affairs the LG has no say in Delhi government’s functioning except functioning in its advise. There had been protracted confrontation of the Delhi CM and ministers with LG on certain issues and the media hype was making mockery of Delhi government’s functioning with LG n Delhi CM n government at loggerheads most of the time accusing each other publicly. The Supreme Court five judge bench’s crystal clear judgement has now specified powers of both the Delhi government and LG which may help in carrying out the developmental works of the NCT of Delhi giving stop to future confrontation if any.
