Center vs. Delhi Government, hearing on rights; SC said- Can Public Service Commission be formed in Delhi?

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In the case of Center vs Delhi Government, the Supreme Court’s constitution bench heard on the fourth day on Tuesday regarding the right on posting and transfer of officers. During this, Chief Justice DY Chandrachud told the Delhi government, ‘The question before us is whether the Delhi Legislature can set up a Public Service Commission for Delhi. Assuming that the power has not been given, can the executive still exercise authority over them? Can’t there be hybrid federalism in Delhi?

The Chief Justice said, the power of the Parliament is unlimited, where there is no specific provision, then the Parliament can exercise the power. Parliament has every right. A Union Territory cannot legislate to establish a service. There cannot be a legislative vacuum in the country. Power must exist somewhere in the country.

There cannot be two levels of executive control

To the bench’s question, Delhi government’s counsel AM Singhvi said in the absence of a specific prohibition law, how can the Union Territory be prevented from enacting a law. The court is not considering a situation where Parliament has passed a Public Service Commission law for Delhi. Nobody is saying that Parliament cannot do this. The Parliament did not do so even though it had the power. During the hearing, it was said on behalf of the Delhi government that there cannot be two levels of executive control in Delhi.