No ambiguity in verdict, services dept under Delhi govt: Experts
NEW DELHI: The constitutional experts have said that there should not be any ambiguity on services department as the Supreme Court's Constitutional Bench has categorically mentioned that the LG will only have the three reserved matters. The experts also said that any violation of the judgment by wrong interpretation can be a contempt of the order.
"There is no doubt in the verdict that except the three reserved matters all the other matters would be under the jurisdiction of the elected gov- ernment. Anyone who raising other clauses outside the judgment to interpret it is going against the SC verdict which can amount to contempt of court," said a senior Supreme Court advocate with the request to maintain anonymity. He further added that the issue of the services department was heard in the SC during the proceeding and in the judgment, the SC has clarified that all other matters will be heard by regular benches. "I believe there is no need of clarification in this case and the Center should obey the judgment and leave the services department to the Delhi government. However, if the issue goes to the regular bench, the bench is very unlikely to not follow the SC judgement," he said.
Another expert said that in arriving at the conclusions, the judges have not just gone by interpretational techniques and precedents, but also the fundamental principles that underpin the constitutional governance in India –parliamentary democracy and federalism. “It was necessary to go into these issues because the conflict between the LG and the Delhi government was not driven purely by personal dislike or partisan concerns,” he asserted.
"The specific cases which resulted in this reference to the Constitution still have to be decided by the benches of the Supreme Court and the meaning of the substantive limits on the LG'S powers will become clearer as these case are decided," he added.
The tussle between the Delhi government and the central government continues even after the Supreme Court's judgement, which clipped the powers of the LG. It said he has no "independent decisionmaking power" and has to act on the aid and advice of the elected government.