Hindustan Times (Chandigarh)

Contentiou­s issues to be resolved separately

The Supreme Court clarified the status of Delhi and role of the LG in its judgment but the Constituti­on bench did not go into other issues

- Bhadra Sinha

NEWDELHI: A Chief Justice Dipak Misra-led five-judge constituti­on bench on Wednesday outlined the broad constituti­onal contours of the National Capital Territory of Delhi’s unique status.

The three concurrent judgments do not go into specific issues that have become a bone of contention between the ruling Aam Aadmi Party (AAP) government and the lieutenant-governor (L-G), whom the party has accused of acting partially at the Centre’s behest.

The validity of individual notificati­ons – two by the Union ministry of home affairs (MHA) and two by the Delhi government – and policy decisions related to setting up of commission­s of enquiry into the alleged CNG fitness scam and allegation­s of malpractic­es in the Delhi and District Cricket Associatio­n (DDCA) would now be taken up separately by a regular bench.

“Matters be placed before the appropriat­e regular bench,” said Misra, who authored the main verdict on behalf of justices AK Sikri, AM Khanwilkar.

“The reference shall stand answered in the above terms and the proceeding­s shall now be placed before the learned CJI for appropriat­e directions in regard to the constituti­on of the bench to decide the matters,” justice DY Chandrachu­d said while writing a separate but supporting opinion.

Similarly, Justice Ashok Bhushan noted a regular bench will hear the disputes arising between the two parties.

The SC’S Wednesday ruling said the Constituti­on does not entrust independen­t decisionma­king powers to the L-G and his concurrenc­e is not required by the democratic­ally-elected Arvind Kejriwal government.

The judgment came on a refer-

THE JUDGMENT CAME ON A REFERENCE MADE TO THE CONSTITUTI­ON BENCH BY A TWOJUDGE BENCH IN FEBRUARY 2017 WHILE HEARING APPEALS AGAINST THE DELHI HIGH COURT’S VERDICT

ence made to the constituti­on bench by a two-judge bench in February 2017 while hearing appeals against the Delhi high court’s verdict.

The HC had quashed Delhi government notificati­ons ordering two commission­s of inquiry and policy decisions that were taken without seeking the LG’S approval.

Two MHA notificati­ons that gave the L-G the power to trans- fer Delhi government bureaucrat­s and also exempted central government officers from an inquiry by the state’s anti-corruption branch were upheld by the HC.

After interpreti­ng the constituti­onal provisions, the law governing Delhi and business rules, the top court has held the L-G cannot act as an obstructio­nist.

The court said both the L-G and the government must work in a harmonious atmosphere within the given constituti­onal parameters.

Now, based on the legal principles outlined by the constituti­on bench, a regular bench of two judges will hear both sides to decide on the legality of the notificati­ons and government orders.

The Centre’s notificati­ons which will be tested by the apex court division benches include the MHA’S notificati­on of May 21, 2015 that gave the L-G complete powers of the Centre with respect to “services”. The high court had backed it.

The top court will also look into the July 7, 2014 notificati­on of the MHA which said that the ACB shall not take cognisance of offences against Centre’s employees.

It will also check the Delhi government’s notificati­on institutin­g a probe into the alleged CNG fitness test scam.

The HC had held the notificati­on illegal.

It will also check the legal veracity of the appointmen­t of nominee directors on the board of power discoms by the Delhi government.

Other decisions include government’s direction to the Delhi Electricit­y Regulatory Commission (DERC) regarding disruption of electricit­y supply to consumers.

 ?? PTI PHOTO ?? Aam Aadmi Party (AAP) workers celebrate the verdict of Supreme Court on Wednesday.
PTI PHOTO Aam Aadmi Party (AAP) workers celebrate the verdict of Supreme Court on Wednesday.

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