National Capital Territory of Delhi (Amendment) Act, 2021

National Capital Territory of Delhi (Amendment) Act, 2021

• 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).

Centre vs. Delhi Government

• 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.

SC verdict

• 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.

Centre’s ordinance to negate Supreme Court order

• 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.

Way forward

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