Whose rule will rule in Delhi, Lt Governor or Kejriwal? Constitution Bench of Supreme Court will decide

Pankaj Prasad
Supreme Court
Supreme Court

The Constitution Bench of the Supreme Court will hear to resolve the dispute between the Lieutenant Governor of Delhi and the elected government.

New Delhi: Whose rule will rule in the national capital Delhi? Will the government elected by the people have legislative and executive powers or will the lieutenant governor appointed by the center continue to interfere in the purview of the government? The Constitution Bench of the Supreme Court will hear to resolve the dispute between the Lieutenant Governor of Delhi and the elected government. For this, the Chief Justice of India (CJI) NV Raman has constituted a five-member Constitution Bench on Monday, which will be headed by Justice DY Chandrachud.

Constitution Bench to hear the dispute between Center and Delhi Government

Chief Justice of India (CJI) NV Raman on Monday said he has constituted a five-judge Constitution Bench to hear legal issues relating to the scope of legislative and executive powers of the Center and the Delhi government over control of services in the national capital. Have given. He said a bench headed by Justice DY Chandrachud would hear the dispute between the Center and the Delhi government.

The Supreme Court had sent the matter to the Constitution Bench on May 6

A lawyer had mentioned the matter before a bench of Justice NV Ramana, Justice Hima Kohli and Justice CT Ravikumar. The Supreme Court had on May 6 referred the issue of control of services in Delhi to a five-member Constitution Bench. The Chief Justice had then said that under the provisions of the Constitution and Article 239AA of the Constitution (which deals with the powers of Delhi) and considering the decision of the Constitution Bench (of 2018), it appears that a hearing before this Bench All the issues have been completely settled except the pending issue. Therefore, we do not think that the issues that have been settled need to be reconsidered.

Constitution Bench to decide on the dispute between the Lieutenant Governor and the government

On May 6, the bench had observed that the Constitution Bench of this Court while interpreting Article 239AA of the Constitution did not specifically comment on the dispute. Therefore, it would be appropriate to refer the above matter to it for an official decision on the matter by the Constitution Bench. The central government had requested for joint hearing of two separate petitions of the Delhi government challenging the control of services and the constitutional validity of the amended GNCTD Act, 2021.

More powers given to Lt Governor under GNCTD Act

The Lt Governor has reportedly been given more powers in the GNCTD Act. The petition has been filed keeping in view the fractured judgment dated February 14, 2019, in which a bench of Justices AK Sikri and Justice Ashok Bhushan (both retired) ordered the then Chief Justice of India to serve in the national capital in view of his split judgment. The constitution of a three-member bench was recommended to take a final decision on the issue of control of the Justice Bhushan had then said that the Delhi government has no authority over the administrative services. However, Justice Sikri's opinion differed from his.