Delhi vs Centre power struggle: SC reserves order

New Delhi, April 28 The Supreme Court on Thursday reserved its order on an appeal filed by the Centre to refer the power struggle issue between Delhi and Central Government to a larger Constitution Bench.
The union government on Wednesday filed the application seeking holistic interpretation of Article 239AA pertaining to legal dispute between the Delhi Government and the Centre regarding the control over administrative services in the national capital.
The bench comprising of Chief Justice NV Ramana, and Justices Surya Kant and Hima Kohli after hearing the plea concerning the teething issues over bureacratic and administrative control between the two governments, expressed its intention to wrap up the matter by May.
A writ petition filed by the Delhi Government last year challenging the GNCTD(Amendment) Act 2021 was also listed along with the main case.
The bench said in case a Constitution Bench is constituted, it would want the hearing to conclude by May 15. Both sides agreed that the hearings could be completed before the court closes for summer vacations.
Solicitor General Tushar Mehta filed the application a day back seeking referral to the larger bench and submitted on Wednesday that the judgment given by three of the five-judge bench had not interpreted the most significant part of Article 239AA which is the use of the phrase, “insofar as any such matter is applicable to Union Territories”.
It was also submitted by Mehta that there are three important elements of the Article 239AA.
The Solicitor General said there has been no clarity on the second and the third issue which may finally be adjudicated upon by the Constitution Bench.
Mehta also submitted that Article 239AA which was suggested by the Balakrishnan Committee was incorporated verbatim.
Senior lawyer Abhishek Manu Singhvi, appearing for the Delhi Government, opposing the plea submitted that, “Once constitution bench decides matter, there is no point asking again and again to ask to refer.
“The court isn’t here to refer every time slightest thing is pointed out. Supreme Court is right because it is final, it is not final because it is right.”
Singhvi also stated that the Centre is asking for reference on issues which are dealt with at eight places, they are asking for a constitution bench to be reconsidered by a constitution bench. Its an attempt for reconsideration or review of Constitution Bench.