The Supreme Court on Monday said that a five-judge Constitution bench led by Justice DY Chandrachud will on September 7 hear the dispute between the Centre and the Delhi government about the control of administrative services in the national capital, PTI reported.
The decision was taken after senior advocate, AM Singhvi, appearing for the Delhi government requested a bench headed by Chief Justice Uday Umesh Lalit to list the matter urgently.
“I will have a word with Justice DY Chandrachud,” the chief justice said. “We will list it before a CB [Constitution bench] headed by Justice Chandrachud the day after tomorrow.”
Meanwhile, Solicitor General Tushar Mehta, representing the Centre, said that he needs a few more days to prepare for the proceedings.
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 has contended that it needed the power to make transfers and postings of officials in Delhi as it is the country’s capital.
In 2018, a five-judge Constitution bench of the Supreme Court 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. Advocate Singhvi 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.
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