In a significant ruling, the Supreme Court of India declared on Thursday that the elected government of Delhi possesses authority over all administrative services, with the exception of police, public order, and land matters. The bench, led by Chief Justice of India D.Y. Chandrachud, unanimously concluded that decisions made by the Delhi assembly would bind the Lieutenant Governor in all areas, except those pertaining to land, law and order, and police.
The court’s five-judge Constitution bench clarified that the legislative power of the National Capital Territory (NCT) of Delhi, as outlined in Entry 41, extends to the Indian Administrative Service (IAS) and grants the NCT control over them, even if they were not recruited by the Delhi government. However, this authority does not extend to services falling under the domains of land, law and order, and police. Therefore, the Lieutenant Governor is obligated to adhere to the decisions made by the NCT Delhi regarding administrative services, excluding the three mentioned areas.This landmark judgment solidifies the elected government’s control over most administrative services in Delhi and strengthens the power of decision-making within the assembly. By limiting the Lieutenant Governor’s influence in areas such as the IAS, the court ensures that the elected government can effectively govern and implement policies in a manner that reflects the democratic will of the people.
However, it also recognizes the necessity of maintaining the LG’s involvement in matters related to land, law and order, and police to ensure coordination and effective governance in these critical areas.