SC questions need of elected govt as Centre says UTs an extension of Union

New Delhi: The Supreme Court on Thursday questioned the need for having an elected government in Delhi after the Centre asserted the Union Territories are an extension of the Union which wants to administer them.

A five-judge constitution bench headed by Chief Justice DY Chandrachud, while continuing the hearing for a third day on the vexatious Centre-Delhi government row over control of services, was told by Solicitor General Tushar

Mehta, appearing for the central government, that Delhi being the national Capital has a “unique status” and citizens of all states living there must have a “sense of belongingness”.

Referring to a judgement, the law officer said “Delhi is a cosmopolitan, miniaturised India- it belongs to India”.

During the day-long hearing, the bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, referred to the subjects on which the Delhi government is incapable of making laws, and asked about the legal and constitutional position with regard to control of services in the national Capital.

“As a broad principle, Parliament has the power to legislate upon entries of State and the concurrent list (of the 7th schedule). The Delhi legislative assembly does not have the power to legislate upon lists 1,2,18,64, 65 (Public order, Police and Land etc) of state list,” the bench said.

It said the Delhi legislative assembly has the power to legislate in respect of all entries in the State and the Concurrent list as far as they are applicable to the Union Territory. The bench then said in respect of other entries of the State and Concurrent lists, the Delhi assembly has the right to legislate on subjects applicable to the UT.

“Does the legislative entry of services relate to Union Territory?” the bench asked, adding if Parliament has the legislative control over certain areas,

then what about the executive powers of the Delhi government.

The court wanted the solicitor general to tell how legislative control of services were never intended to be part of the legislative powers of Delhi.

“The Union Territories are an extension of the Union. The very purpose of creating a geographical area as a UT shows that the Union wants to administer the territory,” the solicitor general said.

“Then what is the purpose of having an elected government in Delhi at all? If

administration is by central government only, why bother with a government,” the bench observed orally.