New Delhi: In a huge win for the Delhi Government in a drawn-out tussle for power with the Centre, the Supreme Court today said in a democratic form of Government, the real power of administration must rest with the elected arm of the Government.
The Delhi Government must have control over services and the Lieutenant Governor is bound by its decision, a Constitutional Bench of the Supreme Court said in a unanimous verdict. The Delhi Assembly is given powers to legislate to represent the will of the people, the Supreme Court said.
“If officers stop reporting to the Ministers or do not abide by their directions, the principle of collective responsibility is affected,” Chief Justice D.Y. Chandhrachud said, reading out the order.
The Lieutenant Governor, who represents the Centre in Delhi, is bound by the decision of the elected Government on services and by the aid and advice of the Council of Ministers.
The Lt. Governor has powers under the administrative role as entrusted by the President but it cannot mean administration over the entire Delhi Government, “otherwise the purpose of having a separate elected body in Delhi will be rendered futile,” said the Supreme Court.
“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. If an officer feels they are insulated from the elected Government they feel they are not accountable,” said the Chief Justice.
This post was published on May 11, 2023 7:34 pm