f. This Court in Union of India v. Prem Kumar Jain[1] has recognised that the provisions of Part XIV of the Constitution extend to Union territories;
g. The report of the Balakrishnan Committee opined against the inclusion of “services” within the legislative and executive ambit of NCTD, does not have any relevance because:
(i) It preceded the inclusion of Article 239AA, by which three entries from List II have been expressly excluded from the legislative competence of NCTD;
(ii) The conclusion that only States (and not Union territories) can have services is conceptually wrong;
(iii) The judgment of this Court in Prem Kumar Jain (supra) was not considered; and
(iv) The opinion of the majority in the 2018 Constitution Bench judgment expressly notes that the report of the Balakrishnan Committee will not be used as an aid to interpret Article 239AA.
h. Personnel belonging to All-India Services and Central Government Services are governed by the Indian Administrative Service (Cadre) Rules 1954 and the All-India Services (Joint Cadre) Rules 1972
respectively. In terms of these rules, while it is the prerogative of the Joint Cadre Authority to make an officer available to GNCTD, the actual posting of the officer within the departments of GNCTD is the prerogative of the latter. Similarly, under DANICS and
- ↑ (1976) 3 SCC 473
12
