Delhi government has decided to move to the Supreme Court seeking constitution of a larger bench to expeditiously decide the issue of who controls the administrative services in Delhi.
Earlier,theSupreme Court had delivered a split verdict on the issue of division of powers between the Delhi government and the Centre over control of services covering issues like transfer of state officials and referred the matter to a larger bench.
The court had ruled that the anti-corruption bureau will be under the control of the Union government while aspects like appointing special public prosecutors,making electricity reforms would lie in the hands of the Delhi government.But there was a difference of opinion on the issue of Services.
The 69th Amendment Act,1992 has added two new Articles 239AA and 239AB under which the Union Territory of Delhi has been given a special status.Article 239AA provides that the Union Territory of Delhi will be called the National Capital Territory of Delhi and its administrator shall be known as Lieutenant Governor.Article 239AB provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article.
It also creates a legislative assembly for Delhi which can make laws on subjects under the State List and the Concurrent List except on these matters (a)public order (b)land and (c)police.
The Council of Ministers are to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative assembly has the power to make law.In the case of a difference the LG can refer it to the president.