Constitution Bench of Supreme Court to hear petition..!?
Constitution Bench of supreme court to hear petition..!?
The supreme court has decided to refer the matter to a constitution bench while hearing against the ordinance being brought by the central government to control Delhi's bureaucracy. In fact, the supreme court had given a verdict in favor of the delhi government on the tussle between the central government and the delhi government over the control of the bureaucracy for a long time. After this, the central government has made up its mind to hand over complete control to the lg indirectly by bringing an ordinance. The Center will also present the ordinance in the house in this monsoon session.
The supreme court in one of its judgments ordered handing over the control of all services except police, public order, and land to the elected government of the state of Delhi. After this order, the delhi government would have complete control over the bureaucracy and the unnecessary interference of the Lieutenant governor would end. A week after this order, the central government brought an ordinance. Under this, apart from delhi, an authority is to be constituted in several union territories. Under this, the transfer of bureaucracy under the authority and the right to take disciplinary action on them. Authority was created for delhi, andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and nagar Haveli. The chief minister has been placed in the authority while two other members have senior IAS officers. The decisions of this authority will be taken on the basis of the majority. If the chief minister recommends any disciplinary action or any transfer in the authority and two other members of the authority disagree, the matter will go directly to the LG.
The posting and transfer of officers of the delhi government were with the Lieutenant governor till May 11. But the supreme court gave its verdict ending the tussle between the lg and the state government and putting the matter under the jurisdiction of the elected government of the state. A five-judge constitution bench headed by Chief Justice DY Chandrachud, in a unanimous judgment, put an end to an eight-year-old dispute between the Center and the delhi government, stating that the state government will have full control of the bureaucracy. This was a decision taken on the basis of the 2015 notification of the central government. The court had said that an elected government needed to exercise control over the bureaucrats, otherwise the principle of collective responsibility would be adversely affected.