Setting up a constitution bench: SC to hear Delhi govt’s plea


Supreme_CourtThe Supreme Court (SC) on February 23 observed that it would hear the AAP government’s plea to set up a constitution bench against the Delhi High Court verdict.

It may be noted here that the HC in August 2016 had ruled that Lieutenant Governor Najeeb Jung was the “administrative head” of the national capital.

The Delhi government was represented by advocate Gopal Subramanium. He argued before the bench that the case was referred to a five-judge bench and the court had accepted that it was an urgent matter.

He told the bench that the court had given them the liberty to mention the matter before the Chief Justice for early setting up of the constitution bench.

A batch of pleas filed by the AAP government on February 15 against the HC verdict was referred it to a constitution bench as law and the Constitution were involved in the case.

On February 2, the Delhi government had told the SC it had exclusive powers in purview of the Legislative Assembly and neither the Centre nor the President/LG can violate or usurp them.

The SC, however, had said that it was the government should be empowered, but whether it will be as per the HC verdict or not needs to be looked into.

The government was given an identity by the Constitution after inclusion of Article 239AA and the decisions taken and implemented by it can’t be turned back by the LG.

Advocate Subramaniam had argued that the LG can’t exercise powers with respect to services as it doesn’t fall under the Centre’s purview under the state list.

Since the law rules out the LG’s liberty on all matters that fall within the government’s purview, the LG has no reason to either disagree or take a decision on various matters.