National Capital Territory of Delhi (Amendment) Act, 2021

Dec 18, 2023

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Table of contents

Context (TH): The Delhi government urged SC to quash an ordinance that slips control over civil servants back into the hands of the Lieutenant-Governor (L-G).

According to the Government of National Capital Territory of Delhi (Amendment) Act, 2021, the “government” in Delhi means the “Lieutenant Governor”.
The L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.
It gives primacy to the Lieutenant Governor (L-G) over the elected government in the city.

The judgment of a Constitution Bench led by Chief Justice of India D.Y. Chandrachud had limited the role of the L-G over bureaucrats in the capital to three specific areas — public order, police and land.
SC held that the elected govt of Delhi has legislative and executive power (Including control over bureaucrats) in NCT Delhi except on matters such as Public order, police and Land.
SC said a principle of “triple-chain of collective responsibility” existed in the governance of the capital:
1. Civil service officers are accountable to ministers.
2. Ministers are accountable to Parliament/legislature.
3. Parliament/legislature is accountable to the electorate.

The Centre brought an ordinance designating the L-G as the administrator of Delhi who will have the final say on the postings and transfer of all bureaucrats serving the Delhi government.

The bureaucrats have to come under the control of the Delhi government, otherwise, its responsibility towards the legislature and the public is diluted.