The recent unanimous ruling by the Supreme Court of India in favor of the Delhi government regarding the control of the bureaucracy in the national capital seemed like a significant victory for the Aam Aadmi Party (AAP)-led government. However, the government’s attempt to replace the incumbent Services Department Secretary, Ashish More, following the court’s decision has hit a roadblock.
The bone of contention in this latest dispute revolves around Services Minister Saurabh Bharadwaj’s decision to replace Ashish More with Anil Kumar Singh. However, sources from the department argued that Bharadwaj’s decision was illegal and violated the All India Service Rules and procedures. They pointed out that the Ministry of Home Affairs’ notification from 2015, which placed services under the Lieutenant-Governor’s authority, had not been set aside. According to the department, until the notification is modified, it could still be implemented in the capital.
In light of these circumstances, the Delhi government has approached the Supreme Court once again. Senior Advocate Abhishek Manu Singhvi, representing the government, sought an urgent hearing and mentioned the possibility of initiating contempt of court proceedings against the central government for defying the court order. Singhvi argued that while the contempt proceedings would take time, a bench should be set up to address the matter promptly. The Chief Justice of India, Chandrachud, agreed to consider listing the case for an early hearing.
The Supreme Court’s previous verdict affirmed that the elected arm of the state should hold the real power of administration in a democratic form. It granted the Government of National Capital Territory of Delhi (GNCTD) legislative and executive control over administrative services, with the exception of public order, police, and land, which remain under the Lieutenant-Governor’s authority. However, the court clarified that Parliament has the plenary power to legislate on any matter for the Union Territory, which means it can supersede the Delhi government’s legislation in certain areas.
As the legal battle continues, the Delhi government seeks to assert its authority and implement its policies and vision for the region’s day-to-day administration. The outcome of the forthcoming hearing will determine whether the government can proceed with the replacement of the Services Department Secretary or if further legal hurdles await. The case highlights the complex dynamics between the central government, the Delhi government, and the judiciary in the governance of the national capital.