was argued that these statutes which inter alia, create posts and details of salary, was enacted in exercise of the subject referable to Entry 41 of the State List.
147. However, Justice Ashok Bhushan in the 2019 split verdict rejected this argument related to Delhi Fire Service Act 2007, as he held that the statute falls under Entry 5 of the State List and not under Entry 41 of the State List. Justice Bhushan held:
“208. We may first notice that the word “services” used in the Act has been used in a manner of providing services for fire prevention and fire safety measures. The word “services” has not been used in a sense of constitution of a service. It is to be noted that fire service is a municipal function performed by local authority. Delhi Municipal Council Act, 1957 contains various provisions dealing with prevention of fire etc. Further fire services is a municipal function falling within the domain of municipalities, which has been recognised in the Constitution of India. Article 243(W) of the Constitution deals with functions of the municipalities in relation to matters listed in the 12th Schedule. Entry 7 of the 12th Schedule provides for “Fire Services” as one of the functions of the municipalities. The nature of the enactment and the provisions clearly indicate that Delhi Fire Services Act falls under Entry 5 of List II and not under Entry 41 of List II.”
148. Article 243W of the Constitution read with Entry 7 of the Twelfth Schedule provides that the legislature of a state may, by law, endow on the municipalities responsibilities with respect to ‘fire services’. Under Entry 5 of List II, an appropriate legislature may enact a law related to ‘local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration’.
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