Delhi-Centre row: SC refers matter to constitution bench

The Supreme Court on Monday referred a batch of petitions filed by the AAP government challenging the Delhi high court verdict declaring the lieutenant governor as the Capital’s administrative head to a constitution bench.

“Important questions of law and constitution are involved in the matter and it should be adjudicated by a constitution bench,” a bench of justice AK Sikri and justice RK Agrawal told the advocates appearing for the Arvind Kejriwal-led government.

The court, however, did not frame the legal questions to be deliberated upon by the larger bench, which would be set up by chief justice JS Khehar. It told the parties to argue afresh.

The reference comes at a time when the Delhi government has completed its arguments. The Centre began arguing the matter and solicitor general Ranjit Kumar was placing legal submissions when the bench suddenly decided to stop the hearing and refer the dispute to a larger bench.

On the AAP government’s request, the court gave its advocate liberty to mention the matter before the CJI for an early hearing. The lawyer submitted the on-going dispute had hampered the governance in Delhi.

The Delhi government had on February 2 told the apex court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these.

The city government contended that the Government of National Capital Territory of Delhi (GNCTD), except for public order, land and police, possesses exclusive powers in relation to all other entries in state and concurrent lists of the Constitution.

It was argued that the L-G cannot reverse the executive decisions taken and implemented by the elected government.