Today, the five-judge constitution bench of the Supreme Court is set to pronounce its judgement on the case pertaining to the administrative control over transfers and postings of civil servants in Delhi
The judgement will be on the scope of the legislative and executive powers of the Centre and the Delhi government over control of administrative services, which include appointments and transfers, in Delhi.
The Aam Aadmi Party (AAP) -led Delhi government has sought from the Supreme Court a clear demarcation of its power with the Centre over control of services.
In January this year, a bench comprising Chief Justice of India (CJI) DY Chandrachud, Justices MR Shah, Krishna Murari, PS Narasimha and Hima Kohli had reserved the order after hearing the arguments for four days.
Solicitor General Tushar Mehta, representing the Centre, argued that not only the Union territory is merely an extension of the Union but also that employees working in Union Territories are working in connection with the affairs of the Union.
At the end of the hearing, Solicitor General Tushar Mehta urged the Constitution bench to refer the 2018 judgement to a larger bench.
However, this was opposed by Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government in the case.
The Delhi government argued that in the interest of federalism, the elected representatives must have power over transfers and postings and also contended that the recent amendments to the Government of National Capital Territory of Delhi (Amendment) Act, 2021, violate the doctrine of the basic structure of the Constitution.
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