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If an elected govt is not allowed to control its officers, then its responsibility towards legislature & the public is diluted: SC
NEW DELHI: In a landmark ruling that resolves a long-standing power struggle between Delhi and the Centre, the Supreme Court on Thursday declared that in a democratic system, the real authority of administration must lie with the elected body.
Delivering a unanimous verdict, a Constitutional bench of the Supreme Court said that the Delhi government must have complete control over services, and the Lieutenant Governor, a representative of the Central government, is bound by its decisions.
The top court emphasized that the Delhi Assembly has been vested with legislative powers to represent the will of the people. It further clarified that the Lieutenant Governor, who represents the central government in Delhi, is obligated to adhere to the decisions of the elected government concerning services and must act in accordance with the advice and aid of the council of ministers.
“The officers feel they are insulated from the control of the government, which will dilute accountability and affect governance,” the court observed.
Chief Justice DY Chandrachud, while reading out the court’s order, said, “If officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected.
If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to the government, the collective responsibility is diluted
The Supreme Court’s ruling affirms that administrative services should not be excluded from the purview of the legislative and executive domains. By granting control to the elected government, ministers can effectively oversee civil servants responsible for implementing executive decisions.
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This verdict appears to resolve the decade-long dispute between the LG and the Delhi government over its functioning. The issue gained momentum after AAP supremo Arvind Kejriwal stormed to power and demanded full statehood.
In recent years, Kejriwal’s government has been fighting a high-pitched, often ugly, legal and political battle against the LG, alleging that the post has been misused by the ruling BJP to hinder its functioning and harass government officials.
Notably, senior AAP leader and former Deputy CM Manish Sisodia was arrested in an alleged liquor scam case, which was registered on the directions of the LG.
