Delhi Govt Has Legislative Power Over All Services Including IAS In National Capital, Except Land, Police, And Law And Order: SC

The Supreme Court on Thursday (11 May) ruled that the Delhi government will have control over all services in the national capital, including the Indian Administrative Service (IAS), with the exception of land, police, and law and order.

A Supreme Court constitution bench comprising CJI D Y Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, gave a unanimous verdict in the case.

"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order," the Supreme Court held, reports Bar and Bench.

The judgment stated that while a state or union territory has the power to make laws on subjects under the Concurrent List, the same will be subject to the existing Central law.

At the same time, it has to be ensured that the governance of states is not taken over by the Central government, the Bench opined.

The Court went on to hold that sub-clause (b) of Article 239AA clarifies that Parliament has the power to legislate on any subject related to the NCT in any of the three lists.

Further, If there is a repugnancy between law enacted by legislative assembly and law enacted by the Central government, the former will be rendered void, the Court said.