Constitution bench may decide who is admin head of Delhi

The Supreme Court indicated on Monday that it would set up a five-judge bench in July to hear the dispute between the Delhi government and the Centre on whether the lieutenant governor is the administrative head of the national capital territory.

A bench headed by chief justice JS Khehar assured an early hearing of the matter to senior advocate Gopal Subramanium when he made a request to constitute the special bench soon. “We shall consider setting up the bench soon, possibly after summer vacation,” the CJI told him.

Subramanium said the appeals by the Delhi government against the high court order ruling the dispute in favour of the Centre had already been referred a larger bench.

A bench headed by Justice AK Sikri had on February 15 made the reference. It said important questions of law were involved in the matter that required an authoritative pronouncement by a Constitution Bench.

It did not frame questions to be deliberated upon by the Constitution bench and had asked the Centre and the Delhi government to argue their case before the larger bench.

During a hearing before Justice Sikri’s bench, the Delhi government had submitted that it had 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 them.

The SC had noted that it was correct for the elected Arvind Kejriwal government to claim it should have some powers. But whether it would be as per the HC verdict or as perceived by the Delhi government was the question that needed a judicial pronouncement.