The Indian Express (Delhi Edition)

Delhi govt vs Centre: SC refers matter to Constituti­on bench

- UTKARSH ANAND

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.”

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 ??  ?? His government’s counsel told the court that governance in Delhi was being hampered due to the ongoing legal battle
His government’s counsel told the court that governance in Delhi was being hampered due to the ongoing legal battle

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