Dispute with Centre over bureaucrats ‘bizarre’, Delhi Govt. tells SC

The Delhi government in the Supreme Court on Thursday said the prolonged dispute between itself and the Centre over who controls bureaucrats in the national capital has led to a situation that’s nothing short of “bizarre”. Appearing before a three judge Bench led by Chief Justice of India N.V. Ramana, senior advocate A.M. Singhvi, for Delhi, said the situation is such that a “democratic representative government” has to get the approval of the Lieutenant-Governor to appoint a Health Secretary or a Commerce Secretary. “The case needs to be heard urgently,” Mr. Singhvi said as he made his preliminary remarks in the case. He said the tussle is having a “deleterious effect”. “I am a government for what purpose? There is no government if I can’t appoint or transfer officers. If officers know I can’t transfer, then discipline in governance is zero... This issue should be decided the soonest,” Mr. Singhvi made his impassioned submissions for an early date of hearing. Additional Solicitor General Sanjay Jain said the question ought to be referred to a Constitution Bench. But the court responded that there was no need of it now. “Three of us feel we can hear and reserve the case... If you can show otherwise, we will see. But we cannot decide this now itself... Whether three or five judges should hear the case...” Chief Justice Ramana, flanked by Justices A.S. Bopanna and Hima Kohli on the Bench, addressed Mr. Jain. The issue dates back to February 14, 2019 when an apex court Bench of Justices A.K. Sikri and Ashok Bhushan (both retired) gave a split opinion on the question of control over “services” or bureaucracy in the capital. While Justice Bhushan had held that the Delhi government had no power over “services”, Justice Sikri, who was the lead judge on the Bench, took the middle path. Justice Sikri had concluded that files on the transfers and postings of officers in the rank of Secretary, head of department and Joint Secretary could be directly submitted to the Lieutenant-Governor (L-G). As far as DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre was concerned, the files could be processed through the Council of Ministers led by the Chief Minister to the L-G, Justice Sikri wrote. Again, in case of a difference of opinion, the L-G prevailed. Meanwhile, on Thursday, the Bench led by Chief Justice Ramana issued formal notice to the Centre on a separate petition filed by the Delhi government seeking to quash amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’. The Delhi government has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant-Governor than the elected government of the people of Delhi. The court has listed the case after four weeks.