Delhi Government’s Control Over Officers

Context:

The Supreme Court gave the Delhi government power to make laws and wield control over bureaucrats deputed to its departments.

Probable Question:

Q. Whether the Supreme Court Judgment can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.

Background

The Delhi government had approached the Supreme Court amidst a scenario in which civil service officers were directly pushing policy files directly to the Lieutenant Governor rather than consulting elected Ministers of the Delhi government.

Verdict of the Supreme Court:

1. A constitutionally entrenched and democratically elected government needs to have control over its administration.
2. The administration comprises several public officers, who are posted in the services of a particular government, irrespective of whether or not that government was involved in their recruitment.
3. Civil service officers are “politically neutral professionals” who serve the people and not parties.
4. The National Capital Territory of Delhi (NCTD) would not have the power to legislate on public order, police and land.

1. Legislative and executive power over services such as Indian Administrative Services or Joint Cadre services, which are relevant for the implementation of policies and vision of NCTD in terms of the day-to-day administration of the region, shall lie with NCTD.
2. The day-to-day decisions of the Council of Ministers are to be implemented by a neutral civil service, under the administrative control of the Ministers.

Accountability: Civil service officers thus are accountable to the Ministers of the elected government, under whom they function.
Principle of triple chain of collective responsibility:

1. The Supreme Court said a principle of “triple chain of collective responsibility” existed in the governance of the capital.
2. This three cornered command included civil service officers being accountable to Ministers, who are in turn accountable to the Parliament/Legislature, which is ultimately answerable to the electorate.