Delhi is ‘sui generis’: What does that mean

This administrative exception, by which the Supreme Court has now granted the elected government of Delhi the executive and legislative authority over ’Services’, is given considering the dual importance of Delhi in mind.

Hyderabad: A lot happened in the national capital on Thursday, and a lot is likely to change from now. The Supreme Court has said that Delhi is ‘sui generis’, that Delhi is unique and special when it comes to its administrative powers.

This administrative exception, by which the Supreme Court has now granted the elected government of Delhi the executive and legislative authority over ’Services’, is given considering the dual importance of Delhi in mind.

The Supreme Court, in a 105-page judgement, pointed out that virtue of Article 239AA, the National Capital Territory of Delhi (NCTD) is accorded a ‘sui generis’ status, setting it apart from other Union Territories.

Article 239AA provides the framework for the exercise of legislative powers by the Assembly of Delhi and the Parliament in respect of Delhi. (Article 239 was not initially part of the Constitution of India, 1950. It was inserted by the Constitution (Sixty-ninth Amendment) Act, 1991.)

Further, Entry 41 of the List II (State List) authorises a state government to frame laws on state public services and state public service commission. The union government has executive power only over three entries in List II – public order, police and land.

Asserting that an elected government needs to have control over the administration, a five-judge constitution bench, headed by Chief Justice DY Chandrachud, said the Union territory of Delhi has “sui generis (unique) character” and refused to agree with the 2019 judgement of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.

The Supreme Court, in a significant observation, also said the primacy of the Centre in administrative issues would abrogate the federal system and the principle of representative democracy.

Now for the reasons. If ‘services’ are excluded from the legislative and executive domain, then ministers will be excluded from controlling civil servants.

And if officers stop reporting to ministers, then the principle of collective responsibility is affected, and according to the Apex Court’s judgement, in a democratic form of governance, the real power of administration must rest on the elected arm of government.

The SC bench also said the Union government’s power in matters where both the Centre and States can legislate is limited to ensure that the governance is not taken over by the Central government.

The Constitution bench was set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and the National Capital Territory government over control of services in Delhi after the Union home ministry issued a notification in 2015, stating that it has control over services in Delhi. The notification was challenged by the Arvind Kejriwal government in the Delhi high court.