UTs are extension of Union of India, Centre tells apex court

New Delhi, January 12

Describing Union Territories (UTs) as a mere extension of the Union of India, the Centre on Thursday told the Supreme Court that the Constitution never envisaged a separate service cadre for UTs and those working in UTs were working in “services and posts in connection with the affairs of the Union”.

“It may be very crucial to point out that the Constitution has never contemplated a separate service cadre for Union Territories. This is for the simple reason that a UT is a mere extension of the Union of India and persons working in Union Territories are working in “services and posts in connection with the affairs of the Union’,” Solicitor General Tushar Mehta told a five-judge Constitution Bench headed by Chief Justice DY Chandrachud.

The Bench, which also included Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha, was hearing petitions on the tussle for control over bureaucracy between the Centre-appointed Lt Governor and the Delhi Government.

Representing the Centre, Mehta said the governance of the national Capital, irrespective of the change in legislative or constitutional regime, needed “special attention” and the Capital couldn’t be equated with an independent unit of the Union of India applying the principles of federalism.

“By virtue of the very nature of the Capital, which by itself is a strategic geographical unit of the country, primacy is given to the Government of India since the Capital belongs to the whole nation and the Government of India reflects the democratic will of the entire nation,” Mehta submitted.

He said right from 1992 till 2017, there had been many instances where the political ideology of the party in power in the Central Government and in Delhi were different but the individuals and institutions functioned under it in a spirit of “collaboration and cooperation”.

Between 1992 and 2017, there were only three differences between the elected government of Delhi and the L-G which was required to be referred to the President under Article 239AA(4), he pointed out. — TNS

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