Aam Aadmi Party (AAP) Chief Spokesperson Saurabh Bharadwaj issued the following statement on Wednesday, 8th August :
My attention has been drawn to certain comments by some individuals on the resolution moved by me in the Delhi Legislative Assembly on the setting-up of a separate Public Service Commission for Delhi, which was unanimously adopted by the Assembly on Monday.
A wrong impression is being deliberately spread that since Delhi is a Union Territory, it
cannot create or have it’s own Public Service Commission. It seems that they are either not aware of the 4th July Judgement by the Constitution bench of the hon’ble Supreme Court or their understanding of constitutional law of this country is extremely poor. They also seem not aware of the nine Judge constitutional bench judgement in 1996 NDMC case, which held that NCT of Delhi is a class in itself.
I urge them to read, understand and assimilate the constitutional and legal points mentioned below :
The recent Judgement by constitution bench of Supreme Court has given clear verdict and final clarification on constitutional rights and privileges of
1. The Legislative Assembly of NCT of Delhi : That it can enact law and pass legislations on any entry in State List, that is List II, except the entries 1, 2 and 18, being Public Order, Police and Land & on all entries in Concurrent List, that is List III.
2. The Government of NCT of Delhi : That it has executive powers relating to all entries on which the Legislative Assembly of NCT of Delhi has powers to legislate, which means all entries in List II except the entries 1, 2 and 18& all entries in Concurrent List, the List III.
The entry “Services” which enables a Government to constitute Public Service Commission and to establish different Public Services, is enumerated at entry 41 of the List II, that is the State List. This is not one of the excluded entry from the purview of Legislative Assembly of NCT of Delhi for the purposes of legislation, neither it is an excluded entry from the purview of the Government of NCT of Delhi for the purposes of exercise of executive powers in this regard.
Hence, it is within the constitutional right, obligation and authority of the Legislative Assembly of NCT of Delhi to legislate on the subject of “Services”, which include legislation and giving direction to it’s Government, which is the Government of NCT of Delhi, on the subject matter of “Services”, which are constitution of Public Service Commission and creation of one or more Public Services.
Therefore not only the Legislative Assembly of NCT of Delhi can give direction, through a resolution, to Government of NCT of Delhi to create a Public Service Commission, it can also legislate on all matters related to Public Service Commission.