Aastha Thakur
Published on: 06 December 2022 at 20:33 IST
The Centre has filed an application before Supreme Court seeking to refer the control of administrative services in the Govt of NCT of Delhi to larger bench of strength of 9 or more judges.
Solicitor General of India Tushar Mehta placed the application before Chief Justice of India DY Chandrachud.
The larger bench reference is asked on the grounds that the 2018 Constitution Bench ruling in GNCTD v. Union of India contradicts the 1996 nine-judge bench ruling in NDMC VS State of Punjab, which concluded that Delhi was on par with a Union Territory.
The Constitution Bench affirmed the supremacy of elected government in its 2018 decision, holding that the LG should follow the guidance and recommendations of the Council of Ministers regarding matters over which the Delhi Government has both executive and legislative authority and that the LG should only refer issues to the President in exceptional circumstances.
Senior Advocate Dr. AM Singhvi representing GNCTD, opposed the application stating, it is seeking a review in disguise and a delaying tactic.
On this, CJI opined that the issue of reference can be raised anytime during hearing. Further, CJI Chandrachud said that the issue of reference can be raised at the time of hearing. The CJI further acknowledged that it was challenging to schedule an early hearing of the Constitution Bench because Justice Krishna Murari was sick and unable to attend.
The matter of services was referred to the Constitution Court on May 6 by a bench comprised of the then – CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli, noting that the 2018 verdict undermine this factor into account when interpreting the scope of Article 239AA of the Constitution.
On the issue of the GNCTD and Union Government’s authority over services, a two-judge Supreme Court bench issued a split decision in February 2019 and referred the case to a larger court.
The case matter is listed to be heard on January 10, 2023.
Case Title: Govt. of NCT of Delhi vs Union of India Civil Appeal