New Delhi : Who will control Delhi, who will rule Delhi, Center or Kejriwal government, will all executive powers be in the hands of the Lieutenant Governor? The Constitution Bench of the Supreme Court will do all these issues on Wednesday, September 7. The Supreme Court on Monday said that a five-judge Constitution Bench will hear on September 7 the legal issue relating to the scope of legislative and executive powers between the Center and the Delhi government regarding control of services in Delhi.
The hearing will be headed by Justice Chandrachud.
A bench headed by Chief Justice of India (CJI) Uday Umesh Lalit took note of the submissions of senior advocate AM Singhvi, appearing for the Delhi government, that the matter be listed for hearing before a bench due to some urgency. CJI said that I will discuss with Justice DY Chandrachud. We will list it for hearing on September 7 before a constitution bench headed by Justice Chandrachud. Solicitor General Tushar Mehta, appearing for the Centre, said he would seek a few more days to prepare for the trial.
Supreme Court has constituted a five-member constitution bench
Earlier, on August 22, the Supreme Court had said that it has appointed a five-judge Constitution Bench headed by Justice Chandrachud to hear legal issues relating to the scope of legislative and executive powers of the Center and the Delhi government over the control of services in Delhi. is constituted. The Supreme Court had on May 6 referred the issue of control of services in Delhi to a five-member Constitution Bench. The CJI then said that the matter referred to this bench pertains to the legislative and executive powers of the Center and Delhi.
Delhi does not have the right to make laws
The CJI in his remarks on May 6 said that the Constitution Bench of this court, while interpreting Article 239AA(3)(a) of the Constitution, sees any reason to specifically interpret its effect with respect to entry 41 in the State List. She said that therefore we consider it appropriate to send the above limited issue to a Constitution Bench for official decision. Sub-section 3(a) of Article 239AA relating to the status and power of Delhi in the Constitution deals with the power of the Delhi Legislative Assembly to make laws on matters included in the State List or the Concurrent List.
Enhanced powers of Lt Governor under GNCTD
The central government had requested for joint hearing of two separate petitions of the Delhi government challenging the regulation of services and the constitutional validity of the amended GNCTD Act, 2021 and the rules of legislative business. The Lt Governor has reportedly been given more powers in the GNCTD Act. This petition has been filed keeping in view the fractured judgment of 14 February 2019 in which Justice A.K. Of. Sikri and Justice Ashok Bhushan (both retired) had recommended the formation of a three-member bench to the then CJI of India to take a final call on the issue of control of services in Delhi in view of their split verdict. Justice Bhushan had then said that the Delhi government has no authority over the administrative services. However, Justice Sikri’s opinion differed from his.