Chief Justice NV Ramana on Monday said that a Constitution bench led by Justice DY Chandrachud will hear the dispute between the Centre and the Delhi government on the control of administrative services in the national capital, Bar and Bench reported.
In April, the Centre had filed a plea in the Supreme Court stating that the dispute should be referred to a larger bench. The Union government had contended that it needed power to make transfers and postings of officials in Delhi as it is the country’s capital.
Solicitor General Tushar Mehta, appearing for the Central government, had referred to a 2018 judgement, stating that it did not give any roadmap to decide if the Union or the Delhi government will have the jurisdiction to deal with a disputed subject.
In 2018, a five-judge Constitution bench of the Supreme Court had said that the lieutenant governor of Delhi, who is appointed by the President of India, is bound by the “aid and advice” of the council of ministers of the Delhi government in all matters under its jurisdiction.
It also said that the lieutenant governor cannot act in a mechanical manner. The bench added that the Centre cannot “usurp powers on areas within the dominion of states”, while noting that Delhi does not have the status of a state.
Meanwhile, the ruling Aam Aadmi Party government in Delhi had opposed the Centre’s submission and contended that there was no need for the matter to be sent to a larger bench. Senior Advocate Abhishek Manu Singhvi, representing the Delhi government, had said that the 2018 judgement had no ambiguity about the state government’s powers.
Earlier in February 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the power tussle in Delhi.
Justices AK Sikri and Ashok Bhushan, who were on the two-judge bench, referred the matter of jurisdiction over “services” to a larger bench. On other matters under consideration, the judges delivered concurring verdicts.
On May 6, the Supreme Court accepted the Centre’s request and referred the matter to the Constitution bench.
Ramana’s decision on Monday came at a time when the Aam Aadmi Party is criticising the Bharatiya Janata Party-led Centre over a case related to alleged irregularities in a proposed new liquor policy.
Last week, the Central Bureau of Investigation raided Delhi Deputy Chief Minister Manish Sisodia’s official residence in Central Delhi and 20 other locations in seven states and Union territories.
Sisodia has denied any wrongdoing and said the excise policy was implemented with complete transparency.
Delhi Chief Minister Arvind Kejriwal has accused the Union government of using central agencies to deviate from pressing matters like inflation and rising unemployment.
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