With the Supreme Court on Thursday ruling in favour of Delhi government over control of administrative services in the national capital subject to some exclusions, Aam Aadmi Party (AAP) leaders said that the apex court has sent a “stern message” through its verdict and the “decision “is the victory of the people of Delhi”.
Party leader Raghav Chadha, MP, said in a tweet that Supreme Court’s landmark judgement sends a stern message that officers working with Delhi government are meant to serve people of Delhi through the elected representatives. “Satyamev Jayate. Delhi wins. Hon’ble Supreme Court’s landmark judgement sends a stern message that officers working with Govt of Delhi are meant to serve people of Delhi through the elected government and not unelected usurpers parachuted by Centre to stall governance, namely LG,” Chadha said in a tweet.
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AAP MP Atishi hailed the SC verdict saying that no one will be able to “obstruct” the work of the people of Delhi after the judgment. She termed the verdict as “historic”.
“Satyameva Jayate! After years of fighting, the Supreme Court has given the @ArvindKejriwal government its due. Now no one will be able to obstruct the work of the people of Delhi. This historic decision is the victory of the people of Delhi,” Atishi said in a tweet.
“Now Delhi will progress at double the speed. Congratulations everyone!” she added.
The court said that the Delhi government similar to other States represents the representative form of government and any further expansion of the Union’s power will be contrary to the Constitutional scheme.
A five-judge Constitution bench of CJI Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha pronounced the judgment on Thursday.
Supreme Court held that if administrative services are excluded from the legislative and executive domains, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.
It said that states too have the power but the executive power of the State will be subject to the law existing of the Union. It has to be ensured that the governance of States is not taken over by the Union.
Supreme Court said in a democratic form of government, the real power of administration must rest with the elected government. If a democratically elected government is not given the power to control the officers, the principle of the triple chain of accountability will be redundant.
It said if the officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected.
A five-judge Constitution bench of CJI DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha pronounced the judgment on Thursday.
The five-judge bench had reserved its judgment on January 18 this year.
Governance of the national capital has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party (AAP) came to power in 2014.
The case was posted before a Constitution bench after a three-judge bench had in May 2021 decided to send it to a larger bench on a request by the Central government.