SC verdict on Delhi Govt vs LG.
SC verdict on Delhi Govt vs LG.
The Supreme Court has given its verdict regarding the right of posting between the Delhi government and the LG. The court has given the right of posting of officers to the Delhi government. This decision of the Supreme Court has given a big blow to the LG of Delhi. Along with this, the court also said that if no law has been made by the central government in any matter, then the Delhi government can also make a law. Along with this, the court said that the Center should not interfere in the work of the Delhi government. The court said that the LG should follow the advice of the elected government. LG runs the government with the advice and help of the Delhi government.
what is the whole matter
According to media reports, Delhi government and LG are demanding transfer-posting rights of officers. On January 18 this year, the Supreme Court had reserved judgment in the matter. In fact, on 14 February 2019, a two-judge bench of the Supreme Court had given its verdict on who would control the administrative services in Delhi. But during that time the opinion of both the judges was different. Therefore, a three-judge bench was constituted for the decision. Regarding this, the Center had argued that the matter should be sent to a bigger bench i.e. Constitution Bench.
The two judges had different decisions
Let us tell you that on July 4, 2018, the Supreme Court had given its verdict on several issues in the Delhi Government vs Lieutenant Governor dispute. But some issues like control over the services i.e. officers were not decided, it was left for further hearing. After this, on February 14, 2019, a two-judge bench gave its verdict on this issue, but the decision of both the justices was different from each other. After this the matter was presented before the bench of 3 judges. After this, at the behest of the Center, a five-judge bench headed by Chief Justice DY Chandrachud heard the matter.
Delhi government gave this argument
Arguing in the matter, the Delhi government said that in 2018, the Constitution Bench of the Supreme Court had said that the Delhi government would have supremacy in all other matters, except some matters like land and police. That means all other decisions will be under the control of the Delhi government. In the same case, the Central Government had said that the rules have been changed due to the amendment made in the Government of NCT of Delhi Act. The Center said that the Delhi government cannot be given powers like the government of a full state.
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