Transfer-posting is all with Kejriwal, know what the Supreme Court said on the rights of LG?

SC Verdict On Delhi Government: On Thursday (May 11), a five-member constitution bench of the Supreme Court gave its verdict on how much control the Delhi government would have in the administration of the capital Delhi and how much interference the central government would be able to do. CJI DY Chandrachud said, this is a unanimous decision and I am reading two parts of it.

The Supreme Court, while ruling in favor of the Delhi government, said that the Delhi government has legislative and executive authority over services, these are the same powers that the Delhi government has, although the capital Delhi is different from other union territories, so it has some Except parts like police, law and order and land, the assembly should have authority over everything else.

We are giving you information about the big things of this decision.

1. The constitution bench while reading its verdict said, the limited issue before us is to review the executive powers of the Central and Delhi Government. That’s why we do not agree with Justice Bhushan’s opinion (full control to the center) which came in 2019.

2. In 2018, the Constitution Bench had given some powers to the Delhi government. Article 239AA gives many powers to the Delhi Assembly, but it has been asked to strike a balance with the Centre. Parliament also has power in some matters of Delhi. Although 239AA does not give the power related to police, law and order and land to the Delhi Assembly.

3. Members of the Delhi Legislative Assembly are directly elected by the people like other legislatures, so respect for democracy and federal structure must be ensured. Since NCT is not a full state but its assembly can make laws related to state and concurrent list.

4. The Supreme Court informed the LG of Delhi about his powers, said that the control of the Center on some subjects of the concurrent list cannot be such that the functioning of the state is affected, the executive power of the Lieutenant Governor depends on those matters. Those who do not come under the purview of the Legislative Assembly.

5. In a democracy, the elected government should get power, if the state government does not have control over the officer appointed in their service, then it is not right, no officer will listen to the government. The ideal situation would be that the Delhi government should get full control over their officials. It does not contain those things on which the Legislative Assembly does not have the right.

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