The Supreme Court, today, gave a historic verdict on the ongoing dispute, over the rights on administrative services, between the Aam Aadmi Party government in Delhi and the central government. The Supreme Court has asked the Lieutenant Governor to act on the advice of the Delhi government. Besides, the Supreme Court, while giving historic judgement, said that the right of posting and transfer of officers will remain with the Delhi government.
The Supreme Court said that democratically elected government needs to have rights and control over the administration. The five-judge Constitution Bench tackled the question of who has administrative control over transfers and postings of bureaucrats in the capital.
On Thursday, the Supreme Court has pronounced a unanimous verdict in the Chief Minister vs Lieutenant Governor case in Delhi. The Supreme Court said that the right for posting and transfer of officers should be with the Delhi government, otherwise the officers would not be under the control of the government. With this verdict of the Supreme Court, it has become clear that now the real boss of Delhi will not be the Lieutenant Governor but the Chief Minister Arvind Kejriwal.
While pronouncing the verdict of the Constitution Bench, the Chief Justice said that it is necessary to settle the arguments of the Central Government to limit the powers of the Delhi Government. Section 239AA of the NCDT Act defines very broad rights. 239AA also fully defines the powers of the legislature. It excludes three subjects from the purview of the government.