Delhi Govt vs Centre : Supreme Court Constitution Bench Defers Hearing To 24th Nov, 2022

Mentioning the matter before a Bench comprising Justices D.Y. Chandrachud and Hima Kolhi, Mr. Mehta submitted that the Constitution Bench headed by Justice Chandrachud was to commence with the hearing on 9th November, 2021. However, stating that he would be travelling outside India from 7th November, 2022 to 13th November, 2022 for official work, he requested the Bench for some accommodation.

Senior Advocate, Mr. A.M. Singhvi appearing on behalf of the Delhi Government did not object given the nature of the request made by the Solicitor General.

As both the parties agreed to the proposition of deferment, Justice Chandrachud said he would talk to his colleagues on the Constitution Bench about the same. He asked the Counsels for a suitable date when the matter can be heard. Mr. Mehta suggested 24th November, 2022. As Mr. Singhvi did not raise any objection to the same, the Bench agreed to adjourn the hearing till 24th November, 2022.

On 27.09.2022, a 5-judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha had stated that the hearing would proceed on a day-to-day basis from 9th November, 2022. Prior to that, the Constitution Bench had posted the matter on 27th September, 2022 to fix the timeline for hearing and indicated that it will proceed with the hearing tentatively from 11th October, 2022.

In the matter pertaining to the legal dispute between the Delhi Government and the Central Government, a 3-Judge Bench led by the CJI, NV Ramana, on 06.05.2022, had referred to the Constitution Bench the limited questions regarding the control over administrative services in the National Capital Territory.

The 3-Jugde Bench had observed that the main contention relates to interpretation of phrases 'any such matter is applicable to UT's' and 'subject to provisions of this constitution' in Article 239AA(3)(a).

"The Constitution bench while interpreting 239AA didn't specifically interpret the impact of wording of the same with regard to entry 41 of state list. We deem it appropriate to refer the above limited question to the Constitution bench."

In February 2019, a two-judge bench of the Supreme Court had delivered a split verdict on the question of powers of the GNCTD and Union Government over services and referred the matter to a 3-Judge Bench, which has now referred a limited question of law to the Constitution Bench led by Justice D.Y. Chandrachud.

In July 2018, a 5-judge bench of the Supreme Court had laid down broad parameters for governance of the national capital, amid the differences between the elected government and the Lieutenant Governor. The matter was referred to the Constitution bench by a Division Bench of the Apex Court by an order dated 15.02.2017.

Before the 3-Judge Bench led by CJI Ramana, the Union of India had urged that referral to a Constitution Bench is necessary for a holistic interpretation of Article 239AA which is central to the determination of issues involved. The Union's request for a referral was opposed by Senior Advocate AM Singhvi appearing for the Delhi Government. He had submitted that Union's request for referral of issues which have already been dealt with by the Constitution Bench would amount to reconsideration or review of 2018 Constitution bench judgment.