Opinion on Supreme Court verdict in a drawn-out tussle for power between the Delhi government and the Centre Judgment

Advocate Sumit Gehlot from Fidelegal Advocates and Solicitors said the Supreme Court has rightly given the reason for its decision that the administrative role of Lieutenant Governor cannot mean administration over the entire NCT Delhi, otherwise, the purpose of having a separate elected government in Delhi will be rendered futile.

Advocate Gehlot further said the legislative power of NCTD under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCTD.
Democratically elected government shall have control over its officers. If the elected government is not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted. If the officer feel they are insulated from the elected Government, they will feel they are not accountable, he said.

“In my opinion, through this landmark decision today, the Hon’ble Supreme Court has maintained that the federal nature of the Constitution is its basic feature and cannot be altered. Complete political centralization or disordered political de-centralization both can be dangerous to Indian federalism,” added Advocate Gehlot.