New Delhi: The Supreme Court on Thursday reserved its order on whether or not to refer a contentious issue governing administrative services in Delhi to a five-judge Constitution Bench. The central government has sought hearing from a five-judge bench on the matter related to the legal dispute between the Delhi government and the Center over the control of administrative services in the national capital.
The Delhi government led by the Aam Aadmi Party strongly opposed the central government’s petition. A bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hema Kohli reserved the order on an application filed by the Centre, seeking a reference to a Constitution Bench for a holistic interpretation of Article 239AA.
The bench said, we will decide whether to send it to the five-judge bench at the earliest. If we constitute a five-judge bench to hear the matter, we would like the arguments to be completed before May 15.
Solicitor General Tushar Mehta appeared for the Center while senior advocate Abhishek Manu Singhvi represented the Delhi government. The Delhi government has filed petitions in the apex court challenging the constitutional validity of the amended GNCTD Act, 2021 and the Transactions of Business Rules, which respectively give more powers to the Lt Governor, saying they are prima facie correlated. .
During the hearing, Solicitor General Tushar Mehta argued that the matter should not be heard by three judges but by a Constitution Bench as it involves many important constitutional questions of law.
The central government argued that the administration continued to suffer on a daily basis due to the lack of clarity regarding executive authority, despite a constitutional bench conducting a comprehensive appraisal of a plan of governance for the national capital.
Solicitor General Mehta said the matter needed to be referred to a Constitution Bench on the ground that there was no roadmap to decide in the earlier decisions of the five-judge bench, whether the Center or the Delhi government had access to the contentious subject. Will be able to deal or not.
first published:April 28, 2022, 4:57 p.m.