Delhi dilemma (Power-sharing between UT and Centre)

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 Delhi dilemma (Power-sharing between UT and Centre)

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• An issue of control : The relation between the Union and Delhi governments is a complex one, and its most sensitive aspect is the executive control over services. Government of Delhi is the govt. of NCTD - National Capital Territory of Delhi. The Feb. 2019 split verdict by a 2-judge SC bench (J Sikri and J Bhushan) has complicated matters.
• Bitter acrimony : The Modi government (Centre) and Kejriwal government (NCTD) have been bitter rivals on this matter, although the lack of full statehood has been a festering problem for many years.
• The 2018 judgment : The Supreme Court tried resolving some of the mixed-up domains, in a 2018 verdict stating that

1. The Delhi Lt. Governor has to act either on aid and advice of the Council of Ministers, or abide by the President's decision on a reference made by him.
2. Power to refer "any matter" to the President does not mean "all matters" are to be referred.
3. Delhi government has the power to appoint prosecutors, levy/revise stamp duty on property deals, and issue notifications under Delhi Electricity Reform Act.

• No 'service' in Delhi government : Both judges agreed (Feb. 2019) that all services and employees fall under the "Central services". The civil servants come from DANICS cadre of UTs.
• A split verdict, Feb. 2019 : J Sikri said as per 2018 decision, the Delhi govt. can deploy officials within its own departments.

1. The absence of a public service in Delhi (point 4 above) means Entry 41 in State List (services, service commissions) would mean it does not apply to UTs. So LG need not take any aid and advice of NCTD govt.
2. Hence, J Sikri wants transfers and postings of officers at the rank of Joint Secy. and above to be given to LG, and everyone else processed by Council of Ministers and sent to LG. In any dispute, LG's view will prevail.
3. J Bhushan said that once it's accepted that there's no Service under NCTD govt., the government cannot exercise any executive power in it.

• A larger bench : The matter has gone to a bigger bench now, on the issue of control over the services. The core issue is to resolve the complexity inherent in multiple forms of federalism and power-sharing arrangements between Centre and States.
• Summary : The complex federal arrangements in India got more complex in the case of Delhi government, with the split verdict of a 2-judge S.C. bench in February 2019.

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