Supreme Court Verdict on Delhi [UPSC Notes]

The Supreme Court verdict on the National Capital Territory (NCT) of Delhi was announced in May 2023. In this article, we discuss this verdict and its implications for the IAS exam polity and governance segment.

Supreme Court on Delhi Govt

The verdict of the Supreme Court states that it is the elected government that will take decisions for the people of Delhi and not the Centre. 

• Except for the three areas which were never disputed to begin with, the elected government is supreme. The SC has made it clear that neither is Delhi like other Union Territories nor is the chief minister and his cabinet less than those in other states.
• The five-judge Constitution bench of the Supreme Court, headed by Chief Justice of India D Y Chandrachud, held in its verdict, “There does not exist a homogeneous class of Union Territories with similar governance structures National Capital Territory of Delhi is not similar to other Union Territories.”

Delhi Government Status

• The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the Lieutenant Governor. 
• Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment by the Parliament, thereby providing a Legislative Assembly and a Council of Ministers. 
• As per Article 239AA – 
  • Public Order, 
  • Police & 
  • Land in NCT of Delhi falls within the domain and control of the Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

Also read: Statehood for Delhi

Historical Underpinnings

• The tussle arose in relation to the appointment of officers as the acting chief secretary by then L-G Najeeb Jung. CM Kejriwal opposed the move and called it unconstitutional.
• The Ministry of Home Affairs then passed a notification in May 2015 which said that the Department of Services, which has the power of transfers and postings of Delhi government officers, came under the Centre through the L-G.
• The Delhi government challenged this in the Delhi High Court, which ruled against it. The state then went to the Supreme Court, which ruled that the L-G was bound by the aid and advice of the cabinet of ministers. 
  • The issue of services, however, lingered on and was referred to a two-judge bench of the Supreme Court which delivered a split verdict in 2019.
• A three-judge bench then referred the matter to a five-judge bench in 2022.

Supreme Court Verdict on Delhi [UPSC Notes]:- Download PDF Here