Will law and order have to admit, police, country out of your reach, SC says to Delhi government
Senior Advocate AM Singhvi, Representative of the Government of Delhi, proposed before a five-judge bench headed by Chief Justice DY Chandrachud that civil servants serving in the National Capital Area (NCT) should be accountable through the elected government to the people. He argued that government cannot function if it has no control over services, as the exclusion of civil servants will nullify governance.
The bench, which also includes Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, referred to three entries such as public order, police and land from the state list of subjects where the government of Delhi cannot legislate under Section 239AA.
“You (Government of Delhi) will have to admit one thing that entrance 1 (Public Order), 2 (Police) and 18 (Land) (of the State List) are beyond your purview,” and if civil servants are posted to departments dealing with with that “then it’s also beyond your executive power,” it said.
Singhvi explained, “There is a famous saying in Hindi ‘Ek miyan mein do talwar nahi rah sakte (There can’t be two swords in one scabbard)” while emphasizing that services were at the heart of the dispute.
The top court hears the legal battle between the Delhi government and the Center over the control of services.
Speaking at the day-long hearing, Singhvi said officials should be accountable to ministers, the minister should be accountable to the legislature, and ultimately MLAs should be accountable to the people. He also referred to the constitution’s ruling on the Delhi-Center row and added that now there is no power left in the city government.
The Supreme Court will continue to consider the case on Wednesday.
disclaimer: This story was automatically put together by a computer program and was not created or edited by FreshersLIVE.Publisher : IANS Media
