‘Ought to have control over services’, SC rules in favour of Delhi government

NEW DELHI: The Supreme Court on Thursday ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the Lt Governor (LG) is bound by the advice of the elected government in everything other than public order, police, and land.

It stressed that if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.

A five-judge constitution bench headed by Chief Justice D Y Chandrachud said: “The ideal conclusion would be that GNCTD (Government of National Capital Territory of Delhi) ought to have control over ‘services’, subject to exclusion of subjects which are out of its legislative domain. If services are excluded from its legislative and executive domain, the ministers and the executive who are charged with formulating policies in the territory of NCTD would be excluded from controlling the civil service officers who implement such executive decisions.”

The bench - also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha - observed that in a democratic form of government, the real power of administration must reside in the elected arm of the state, subject to the confines of the Constitution.

It stressed that an unaccountable and a non-responsive civil service may pose a serious problem of governance in a democracy, and creates a possibility that the permanent executive, consisting of unelected civil service officers, who play a decisive role in the implementation of government policy, may act in ways that disregard the will of the electorate.

The bench said a constitutionally entrenched and democratically elected government needs to have control over its administration and the administration comprises several public officers, who are posted in the services of a particular government, irrespective of whether or not that government was involved in their recruitment.

“For instance, an officer recruited by a particular government may serve on deputation with another government. If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant,” said the bench.

The triple chain of command is - a: Civil service officers are accountable to ministers; b: Ministers are accountable to Parliament/legislature; and c: Parliament/legislature is accountable to the electorate.

Chief Justice Chandrachud, who authored the 105-page judgment on behalf of the bench, said: “If the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.

“The principle of collective responsibility extends to the responsibility of officers, who, in turn, report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected.”

The bench said a democratically elected government can perform, only when there is an awareness on the part of officers of the consequences which may ensue if they do not perform. If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance, it added. (IANS)

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