Solicitor General told the SC Bench headed by CJI D.Y. Chandrachud (in pic) that Centre retained administrative control over the city’s bureaucrats but the ‘functional control’ was with city’s Ministers.
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What is the point of having an elected government in Delhi if the administration of the national capital is supposed to be carried out at the “beck-and-call” of the Centre, a Constitution Bench of the Supreme Court asked the Union Government on Thursday.
A five-judge Bench headed by Chief Justice of India D.Y. Chandrachud is hearing a dispute between the Aam Admi Party regime and the Centre over who has control over civil servants allocated to the various departments of the Delhi government.
Solicitor General Tushar Mehta said the Centre retained administrative control over the bureaucrats but the “functional control” was left to the Ministers in charge of the respective departments in which the civil servants served.
Chief Justice Chandrachud said such an interpretation would present an anomalous situation.
“Suppose an office is not discharging its functions properly. If the Centre retains the administrative control, that is, powers of appointments, transfers, postings, etc… the Delhi government will have no role? It cannot shift this officer and get someone else? Can that be?” the CJI asked Mr. Mehta
The Solicitor General said in such cases the Delhi government or the Minister concerned could write to the Lieutenant-Governor, who would forward the complaint to the cadre-controlling authority at the Centre for action.
Mr. Mehta said the L-G was an ‘administrator’ in every term though his nomenclature was different.
The law officer said it was necessary for the Centre to retain disciplinary control over bureaucrats in the national capital, considering the fact that there may be sensitive problems, including terrorism activities, which may require a national outlook and cooperation with the neighbouring States.
“Union Territories are extensions of the Union government by definition. The very purpose of demarcating a particular geographical area as a Union Territory suggests that the Union itself wants to administer it through its officers… Hence all Union Territories are administered by central services officers,” Mr. Mehta submitted.
“Then what is the point of having an elected government? If the administration is to be carried out at the beck-and-call of the Union government, why have an elected government?” the CJI said.
