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
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.