Constitution uses the term ‘applicable’ and not ‘relating’ to Union Territories, the legislative power of NCTD will extend to an Entry only when that Entry is clearly and unequivocally applicable to Union Territories as a class. Consequently, List II has to be read contextually and certain entries can be excluded from the domain of GNCTD;
e. The control of Union of India over “services” has not led to any issue pertaining to the governance of NCTD; and
f. The Transaction of Business Rules 1993 provide enough powers to Ministers of GNCTD to ensure supervisory and functional control over civil services to ensure their proper functioning; the rules applicable to the civil services indicate that administrative control vests with the Union.
11. The arguments advanced indicate that this Constitution Bench is called upon
to decide the limited question of whether NCTD has the power to legislate under
Entry 41 of the State List, and the meaning of the term “in so far as any such matter is applicable to Union Territories” in Article 239AA(3)(a). This Bench will refer to
the principles laid down in the 2018 Constitution Bench judgment to facilitate the
analysis.
Though both sides relied on the subordinate rules referred to above to argue that they have control over postings of officers, we do not deem it appropriate to interpret each of these rules to elucidate on the framework of governance in each of the cadres. The reference is limited to the scope of executive and legislative power of NCTD over “services” with reference to the interpretation of Article 239AA(3)(a).
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