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Delhi government marks a big win as SC verdict allowed them to control administrative services on all aspects

On May 11th, 2023, Thursday, there was a big win for the Arvind Kejriwal-led Aam Aadmi Party (AAP) government in…

Delhi government marks a big win as SC verdict allowed them to control administrative services on all aspects

On May 11th, 2023, Thursday, there was a big win for the Arvind Kejriwal-led Aam Aadmi Party (AAP) government in Delhi as the Supreme Court pronounced its most awaited verdict in the disputes between the Centre and Aam Aadmi Party, the government of Delhi on who should control the administrative services in the national capital. The Supreme Court directed that the Delhi government has executive and legislative powers over the services issues in an unanimous verdict.

 

The Apex Court of India in its verdict stated that the government of Delhi has control over administrative services in all aspects except for public order, land, and police. The Supreme Court didn’t agree with the judgements made by Justice Ashok Bhushan in 2019 that the government of the city has no power over the services issues. The leaders of the Aam Aadmi Party hailed the judgement and called it a victory for the ‘Delhi people.’

 

Pronouncing the verdict, the Supreme Court further stated the real power of administration must reside in the elected arm of the state, Delhi and the Centre both have powers as the government which is elected, represents the expression of the people’s will. In the absence of law by parliament, the Legislature of Delhi and its executives have the power to take the decisions. As the hearing began Chief Justice DY Chandrachud said that the verdict was unanimous, and mentioned that the apex court did not agree with Justice Ashok Bhushan in the 2019 split verdict where he held that the government of Delhi has no power over services. 

 

 The case was referred before the Constitution bench after a request made by the Centre to a larger bench to look into this matter in May 2021. The Apex Court announced a split verdict on the questions regarding the powers of the Union Government and Delhi Government over the issues of services and referred the matter to a three-judge bench. The bench which was assigned to hear the pleas on six matters had given an unanimous order on the left out five issues except the issue related to control over the services. 

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