World
India
The Delhi government is currently engaged in multiple legal disputes with the Lieutenant Governor in the Supreme Court, including its challenge to the Centre’s law granting primacy to the LG over the elected government in controlling administrative services in the national capital.
The scope of these petitions extends from constitutional challenges concerning control over administrative services to objections against the Centre’s decision to empower the LG in appointing government legal representatives.
A significant driver behind the Delhi government’s litigation is the pending challenge to the Government of National Capital Territory of Delhi (GNCTD) Act, 2023, which redefines administrative control in the region. With the BJP poised to assume governance in Delhi, the trajectory of these legal battles before the Supreme Court will be closely watched.
In April 2023, the Delhi government initiated legal proceedings concerning the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC).
Subsequently, another petition contested the LG’s approval—subject to conditions—for sending government school teachers to Finland for training. Additionally, a plea sought directives for the release of funds under the Delhi government’s Farishte scheme, which had been stalled by the LG.
Another notable case pertains to contempt proceedings against the Delhi Development Authority (DDA) for unauthorized deforestation in the Delhi Ridge, where the role of LG V. K. Saxena is under scrutiny.
Parliament passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, commonly known as the Delhi Services Bill, which significantly expanded the LG’s authority over service matters. The legislation became law following presidential assent from Droupadi Murmu.
Earlier, the Supreme Court referred the Delhi government’s plea against the Centre’s May 19 ordinance— which revoked the city administration’s control over services—to a five-judge constitution bench. The ordinance, later codified into law, created a new authority for transferring and posting Group-A officers in Delhi.
The Aam Aadmi Party government condemned the ordinance as a direct contradiction of a prior Supreme Court ruling affirming its control over services. The matter remains pending before the Supreme Court.
Prior to the ordinance, a five-judge constitution bench, in a unanimous verdict, sought to resolve the ongoing Centre-Delhi dispute, which originated from a 2015 home ministry notification asserting the Centre’s control over services. The court acknowledged the National Capital Territory’s ‘sui generis’ (unique) constitutional status and held that an elected government must exercise authority over its bureaucrats to uphold the principle of collective responsibility.
Under the new legal framework, the National Capital Civil Service Authority was established to oversee transfer, postings, and disciplinary actions for Group-A officers of the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
The authority comprises 3 members: the Chief Minister and two bureaucrats. Decisions are determined by majority vote, and in the event of a dispute, the matter is referred to the LG, whose decision is final.
Before the Supreme Court’s verdict, the LG had exclusive executive authority over the transfer and posting of all Delhi government officers. The legal contest between the elected administration and the Centre over governance and bureaucratic control continues to shape Delhi’s political landscape.
Read More: Delhi Election Results 2025: BJP Leaders Dance In Joy After Historic Election Victory
