BJP’s Delhi victory may end legal tussle between NCT Govt and Lt Governor

With BJP all set to form government in Delhi, the legal battle between the elected government of the National Capital Territory and the Lt Governor (L-G) over various issues is likely to be over.

The AAP government filed several cases in the Supreme Court, including a petition challenging the validity of a law giving a wider say to the L-G to control the bureaucracy in Delhi.

“The new BJP government of Delhi may not be interested in continuing the legal wrangles with the Centre or the L-G,” a source familiar with these cases said.

The Government of National Capital Territory of Delhi (Amendment) Act, 2023 — known as the Delhi Services Act — extended the Centre’s control of services as it gave powers to the L-G over the elected government with regard to bureaucracy.

Contrary to popular perception that the Supreme Court ruled in favour of the Delhi Government in its tussle for control over bureaucracy in the national capital, the May 11, 2023 verdict by a Constitution Bench led by the then CJI DY Chandrachud had in fact left a window for the Centre to have the last laugh.

While holding that the Legislative Assembly of Delhi has competence to make laws on subjects in the State List and Concurrent List of the Seventh Schedule of the Constitution and the NCT Government has “legislative and executive power” over “services” under Entry 41 of the State List, the Supreme Court declared that its executive power was subject to the executive power of the Centre.

Following this verdict, the Centre promulgated an ordinance on May 19, 2023, giving wider powers to the L-G to control the bureaucracy in Delhi. The top court had on July 10, 2023, refused to stay the ordinance that was converted into an Act by the Parliament.

The Act envisaged a three-member National Capital Civil Service Authority headed by the Chief Minister for transfer, posting and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadres. The other two members are Delhi’s Chief Secretary and Principal Secretary (Home). Any decision by the authority is to be taken by a majority, and in the event of a dispute the matter has to be referred to the L-G, whose decision will be final.

The Supreme Court had on July 20, 2023 referred the Delhi Government’s petition challenging the Delhi Services Ordinance, 2023 to a Constitution Bench for a final adjudication of the contentious issue.

Besides the Delhi Services Act, there are several other cases as well. In April 2023, the Delhi Government filed a petition with regard to the appointment of the chairperson of Delhi Electricity Regulatory Commission (DERC). The AAP government had also filed petitions against the L-G’s conditional approval to send government school teachers to Finland for training, those seeking directions for the release of funds by the L-G to re-operationalise the Delhi Government’s Farishte scheme, and the initiation of contempt proceedings against the Delhi Development Authority (DDA) for the illegal felling of trees in Delhi Ridge, in which the role of Delhi L-G VK Saxena came under scanner.