New Delhi, July 12
The Supreme Court on Tuesday acceded to an early hearing plea of Arvind Kejriwal-led AAP Government on the scope and ambit of legislative and executive powers of the Centre and the Government of the National Capital Territory of Delhi with regard to control the bureaucracy in the capital.
A three-judge Bench led by Chief Justice of India NV Ramana agreed to constitute a five-judge Constitution Bench for an authoritative pronouncement on the contentious issue after senior advocate AM Singhvi, representing the Delhi Government, mentioned it for urgent hearing.
“It is very urgent. Please list it,” Singhvi told the Bench which also included Justice Krishna Murari and Justice Hima Kohli.
“We will,” the CJI told Singhvi.
Accepting the Centre’s demand, the Supreme Court had on May 6 referred the issue to a five-judge Constitution Bench even as it said the issue related to ‘Services’ alone shall be decided by the Constitution Bench as it was not dealt with by the previous Constitution Bench.
The Centre had said the issue should be referred to a Constitution Bench for a holistic interpretation of Article 239AA. Describing Delhi as the “face of the nation”, Solicitor General Mehta had defended the Centre’s control over transfers and postings of bureaucrats in Delhi even as Delhi Government contested it.
The Delhi Government has challenged the validity of amended Government of NCT of Delhi Act, 2021 and Rule 13 of the Transaction of Business Rules, 1993 which allegedly gave more powers to Lieutenant Governor.
This is the third round of litigation before the top court on the power tussle between Lt Governor of Delhi—appointed by the Centre — and the elected Government led by AAP leader Arvind Kejriwal. The tussle between Delhi Lt Governor and the elected Government of NCT has remained unresolved despite two earlier verdicts – one each by a Constitution Bench and a two-judge Bench of the Supreme Court.
