The Indian Express (Delhi Edition)
Delhi govt vs Centre: SC refers matter to Constitution bench
CHIEF JUSTICE TO APPOINT BENCH
AGREEING WITH the Centre, the Supreme Court Wednesday referred to a Constitution Bench a clutch of petitions, filed by the Delhi government, against a verdict that gave primacy to the Lieutenant Governor in matters of administration of the capital.
A bench of Justice A K Sikri and Justice R K Agrawal said important questions of law and the Constitution are involved in the matter, and it should be adjudicated upon by a Constitution Bench.
The bench also refrained from framing questions and issues for considerationbythelargerbench, and said the matter will be placed before the Chief Justice of India (CJI) to constitute an appropriate bench.counselfortherulingaam Aadmi Party told the court that they will mention the matter before the CJI for an early hearing since governance in Delhi was being hampered due to the ongoing legal battle.
At one point, Delhi government’s standing counsel Rahul Mehra opposed reference to a Constitution Bench, but the court appeared convinced by the submission of Solicitor General Ranjit Kumar that the issues involved were a substantial question of law and the interpretation of the Constitution.
Thedelhigovernmenthad,on February 2, told the court that it has exclusive executive powers in matters falling within the purview of the Legislative Assembly, and neither the Centre, nor the President or the L-G can encroach upon these.
The apex court, however, had said it is correct that the elected government should have some powers but whether it will be as per the Delhi High Court verdict or as is perceived by the Delhi government needed to be looked into.
The bench is seized of a bunch of petitions filed by the Delhi government against a judgment of the Delhi High Court that had given primacy to the L-G in matters of administration of the capital. In April 2016, the High Court had ruled that Delhi continues to remain a Union Territory under the Constitution with the L-G as its administrative head.
The Delhi government's counsel had told the Supreme Court bench: “We are seeking only the special status as contemplated under Article 239AA of the Constitution.”