PIL seeks Public Service Commission for Delhi: HC seeks AAP govt response

The Delhi High Court Monday sought response of the AAP government on a PIL seeking establishment of a Public Service Commission (PSC) for the national capital territory of Delhi.

A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notice to the Delhi government and asked it to file its reply to the plea which claims that a PSC for the national capital would expedite selection of officers for its administration as well as "bring greater accountability and transparency".

The petition, which is listed for further hearing on October 16, has been moved by Abhijit Mishra who has alleged "critical failure" on the part of the Government of National Capital Territory of Delhi (GNCTD) to comply with the provisions of Article 315 and Article 239 AA of the Indian Constitution.

Mishra, a financial economist, has contended that Article 315 states that there shall be a separate Public Service Commission for the Union and each state and the Delhi government has not complied with the provision.

In his petition filed through advocate Payal Bahl, he has alleged that GNCTD "has deliberately and blatantly ignored the provisions as enshrined under the Article 239 AA, sub section 3A of the Indian Constitution".

He claimed that under Article 239 AA the assembly has the power to make laws for the whole or any part of the national capital territory with respect to any matters in the State List or in the Concurrent List if any such matter is applicable to UTs "except matters with respect to entries 1, 2 and 18 of the State List and entries 64, 65 and 66 of that list in so far as they relate to the said entries 1, 2 and 18".

The establishment of a PSC is item 41 in the State List, the petition has said and added that despite representations sent by him on the issue to the lieutenant governor and the chief secretary of GNCTD, no efforts have been made to set up a PSC for the National Capital Territory of Delhi.

The petition has sought a direction to the chief secretary of GNCTD to issue a notification for establishing the PSC.