Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/77

PART K “Services

9.3.4. By virtue of the provisions in the Constitution, services in connection with the administration of the Union Territory of Delhi will be part of the services of the Union even after the setting up of a Legislative Assembly with a Council of Ministers. This constitutional position is unexceptionable and should not be disturbed. There should, however, be adequate delegation of powers to the Lt. Governor in respect of specified categories of services or posts. In performing his functions under such delegated powers the Lt. Governor will have to act in his discretion but there should be a convention of consultation, whenever possible, with the Chief Minister.”

116. The extracts from the Balakrishnan Committee Report were relied upon by Justice Bhushan in his 2019 split judgment to hold that the Legislative Assembly of NCTD does not have the power to make laws under Entry 41 of List II.

117. We do not agree with the reliance on the Balakrishnan Committee Report to rule out the scope of legislative power of NCTD over Entry 41 (services). We reiterate the view expressed in the opinion of the majority in the 2018 Constitution Bench that there is no necessity to refer to the Report to interpret Article 239AA because the judgment authoritatively dealt with the scope of the said Article. It was held:

“277. There can be no quarrel about the proposition that the reports of the Committee enacting a legislation can serve as an external aid for construing or understanding the statute. However, in the instant case, as we have elaborately dealt with the meaning to be conferred on the constitutional provision that calls for interpretation, there is no necessity to be guided by the report of the Committee.”

(emphasis supplied)