AAP vs LG: The Delhi government is granted jurisdiction over administrative services in the capital by the Supreme Court, which also argues that it must exercise supervision over bureaucrats. According to Chief Justice of India DY Chandrachud, ‘in a democratic form of government, real power of administration must rest on the elected arm of government.’
Supreme Court emphasizes the importance of the federal structure of government
According to the Supreme Court, ministers would not be able to oversee the civil officials who are responsible for carrying out executive decisions if administrative services were excluded from the legislative and executive spheres. ‘To prevent the union from taking control of state governance, the executive power of the union in a state is limited to topics on which both the union and states may pass legislation. The federal structure of government and the idea of representative democracy would be utterly abolished as a result,’ said CJI DY Chandrachud.
SC defines the limits of LG’s executive authority over Delhi’s Government services
‘LG shall act in accordance with the president’s delegated administrative authority. “Executive administration cannot mean administration over the entire NCTD; it can only mean administration over matters that fall outside the purview of the legislative assembly and is restricted to the powers delegated by the President,’ CJI DY Chandrachud stated. According to the Supreme Court, States also have authority, although their executive authority will be governed by Union-existing laws. It must be ensured that the Union does not take over state governance.
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