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Supreme Court of India 2023-05-11 allowed

Government of NCT of Delhi vs Union of India

Bench: CB — Dhananjaya Y Chandrachud, MR Shah, Krishna Murari, Hima Kohli, Pamidighantam Sri Narasimha

In Brief

This Supreme Court judgment addresses whether Delhi, as the National Capital Territory, has legislative and executive power over 'services' under the Constitution. The Court held that Delhi, accorded a unique 'sui generis' status, possesses power over services (Entry 41 of the State List) except those related to public order, police, and land. The Court rejected the Union's argument that the phrase 'insofar as applicable to Union Territories' further restricts Delhi's powers. Part XIV of the Constitution applies to Union Territories. The elected government of Delhi must control civil services within its domain to maintain democratic accountability through the triple chain of responsibility: civil servants to ministers, ministers to legislature, and legislature to the electorate. The ruling upholds federal balance and cooperative federalism principles.

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Constitutional Law Federalism Union Territories Administrative Law Executive Powers Legislative Powers Separation of Powers Asymmetric Federalism Delhi Public Services

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