A critical analysis of the Delhi Services Act, 2023, considering its constitutional validity.

The Supreme Court Clarifies Delhi’s Legislative Power

In a significant judgment, the Supreme Court clarified that the Government of National Capital Territory of Delhi (GNCTD) has legislative power over all entries in the State List and the Concurrent List, except land, police, law, and order. This means that the GNCTD assembly has the authority to make laws related to services, and the Parliament’s role is limited to preserving national interests.

Interpretation of Constitutional Principles

The Supreme Court’s interpretation of Article 239AA and Entry 41, List II was influenced by the principles of asymmetric federalism and the “triple chain of accountability” in representative democracy. Asymmetric federalism allows diverse federal units to have different relationships with the Centre, and Delhi’s unique status requires respecting the sovereign powers of the NCT in its domain to prevent centralization.

The Principle of Triple Chain of Accountability

The Court emphasized that if the Delhi Assembly is stripped of power over services, it would undermine the principle of triple chain of accountability. Civil servants would disregard the elected government’s will and be unaccountable to the electorate. Therefore, it is crucial to maintain the Delhi Assembly’s power over services.

Reserving Power for the Delhi Assembly

Article 239AA(3)(a) of the Constitution explicitly reserves power for the Delhi Assembly over services. However, Parliament has the authority to make laws under Entry 41 in exceptional circumstances to protect national interests. It is important for Parliament not to interfere in the day-to-day transactions of the elected government but only to safeguard national interests.

Reconciling Constitutional Principles

By upholding the GNCTD’s legislative power over services and recognizing Parliament’s role in preserving national interests, the Supreme Court has reconciled constitutional principles. This ensures that the elected government of Delhi can govern effectively while also safeguarding the country’s interests.