Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/99

PART M 155. On an analysis of the provisions of the Delhi Fire Service Act 2007 and the Rules of 2019, it is clear that the statute includes posts, their recruitment process, salary and allowance, disciplinary power and control – all of which are constituents of a “service” under Entry 41 of the State List, as held in Raman Law Keshav Lal (supra). Thus, the Delhi Fire Service Act 2007 was enacted by the Legislative Assembly of NCTD in exercise of its power under Entry 41 of the State List.

156. NCTD has already exercised its legislative power relating to Entry 41 of the State List. However, the contours of “services” are very broad, and may be related to even “public order”, “police”, and “land” – which are outside the legislative domain and executive domain of NCTD. The question that then emerges is what “services” are within the domain of NCTD.

N.“Services” and NCTD

157. Now that we have held that NCTD has legislative and executive power with respect to “services” under Entry 41, a natural question that arises is as to the extent of control of NCTD over “services”. The question becomes pertinent because the three entries (public order, police, land), which are excluded from the scope of NCTD’s legislative power, also have some relation with “services”. This Court must create a distinction between “services” to be controlled by NCTD and the Union in relation to NCTD. The distinction must be drawn keeping in mind the ambit of legislative and executive power conferred upon NCTD by the Constitution, and the principles of constitutional governance for NCTD laid down in the 2018 Constitution Bench judgment.