DANIPS Rules 2003, once an officer is alloted to NCTD, it is the
Administrator who appoints that officer to a post within NCTD.
9. Mr. Shadan Farasat, learned counsel appearing for the appellant, provided an overview of the control of services in national capital territories across the world. He argued that regardless of the level of devolution of power in countries across the world, even in countries with centralized forms of government, the power to control “services” has been devolved upon the local government of the National Capital Territory.
10. Mr. Tushar Mehta, learned Solicitor General, made the following submissions on behalf of the Union of India:
a. Entry 41 of List II is not available to Union Territories, as it cannot have either a State Public Service or a State Public Service Commission;
b. The 2018 Constitution Bench judgment did not decide whether NCTD has legislative competence over Entry 41 of List II;
c. Delhi, being the national capital, enjoys a special status which requires the Union to have control over services, in the absence of which it would become impossible for the Union to discharge its national and international responsibilities;
d. The expression “in so far as any such matter is applicable to Union Territories” in Article 239AA means that the entries contained in List II are available to NCTD to the limited extent to which they are applicable to Union Territories. The legislative powers of NCTD shall extend to only those matters which are ‘applicable’ to Union Territories. Since the
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