GOVERNMENT OF NCT OF DELHI   V.  UNION OF INDIA & ANR. 

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FACTS OF THE CASE

In the case discussed, On dated 21.05.2015 the notification was issued by the union home ministry which stated that the Lieutenant Governor of Delhi must exercise powers with respect to public order, police, land and the services to the extent assigned to him time to time by the President.

Later, the issue that arose in the case resolved in May 2023 was with respect to Entry 41 of state list which dealt with the State public services; State public service commission. The grounds for this exclusion are mentioned below:

As part XIV which deals with ‘services’ does not mention Union Territories mean that Union Territories do not have special powers with respect to services as they will be directly exercised by the union.

Under Article 239AA(3)(a) legislative assembly of Delhi has the power to make upon all the matters mentioned in List II and List III, exceptions with respect to Entry No. 1,2 and 18 of state list which dealt with public order, police and land and Entry No. 64, 65 and 66. No where Entry 41 included in the exception under Article 239AA(3)(a).

ISSUES

Whether the Government of NCTD or the Lieutenant Governor has legislative and Executive Control over Entry 41 mentioned under list II of the seventh schedule of the Constitution?

ARGUMENTS 

PETITIONERS ARGUMENTS:

The notification dated 21.05.2015 it withdraws the legislative and the executive power of the Government of NCT of Delhi with respect to services and this is contrary to the Constitutional scheme as subjects mentioned in Article 239AA are beyond the legislative competence of Government of NCT of Delhi, so it cannot be altered by the notification issued by the Ministry of Home Affairs as in this regard. So, the petitioner argued that this notification is illegal and unconstitutional in nature.

RESPONDENTS ARGUMENTS:

The centre argued that the entry 41 which deals with ‘services’ is not applicable to the government of NCTD as it doesn’t have a state public service or state public service commission. Hon`ble Delhi High Court upheld that this notification is legal and constitutional in nature. And held that the Entry 41 of List II of 7^th Schedule is not applicable to Government of NCT of Delhi.

JUDGEMENT:

The judgement of May 2023 stated that the National Capital Territory of Delhi (NCTD) cannot be treated as any other Union Territory. According to the Article 239AA added by the 69^th Amendment Act, 1991 has provided special status to Delhi in the framework of representative Democracy, as it mandates that Delhi shall have a directly elected government and Legislature.

The judgement also stated that the NCTD has legislative power over all the state list (list II) and concurrent list (list III) except the Entry no. 1,2 ,18 and Entry no. 64,65 and 66 insofar as they have relation of Entry 1,2 and 18 of the state List. Whereas the Parliament has legislative powers over state lists including public order, police, land and the Concurrent List.

Since the state has power to legislate over list II except the three entries- the state will also have executive power with respect to the list II except those three entries. List II includes Entry 41 which provides for ‘services’ that do not pertain to Police, Public order and Land.

The Supreme Court of India in its judgement stated that there exists balance between the powers of the state and the powers of the union since the parliament can override any provision of the state legislature. The court also stated that in a federal polity, accountability is a must.

REFERENCES:

http://legalserviceindia.com/

http://sabrangindia.in/

This Article is written by Harleen Kaur of Lloyd Law College, Intern at Legal Vidhiya.

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