Delhi Govt vs LG : Supreme Court Constitution Bench To Tentatively Start Hearing On October 11

A Constitution Bench of the Supreme Court, on Wednesday, fixed October 11, 2022 as the tentative date for starting the hearing in dispute between the Delhi Government and the Union Government regarding the control of administrative services in the national capital.

A 5-judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha posted the matter on September 27 to fix the time line for hearing.

The bench was informed that a 5-judge bench led by the Chief Justice of India is starting the hearing in the EWS matter on September 13, and since many lawyers in the present matter are appearing in that case as well, request was made for making a suitable accommodation accordingly.

Accepting this request, the bench agreed to post the matter on September 27 and said will determine the hearing date after ascertaining the stage of hearing in the EWS matter.

Justice Chandrachud also said that it will be a "green bench" and asked the lawyers not to produce any paper files.

"Don't circulate any paper compilations. We want this bench to be a green bench," Justice Chandrachud said.

Senior Advocates Dr Abhishek Manu Singhvi and Kapil Sibal are appearing for the Delhi Government. Solicitor General Tushar Mehta and Additional Solicitor General Sanjay Jain are appearing for the Union.

The bench appointed Advocates Shadan Farasat and Parmesh Mishra as nodal counsels to get the compilations ready.

In 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 a Constitution Bench the limited questions regarding the control over administrative services in the National Capital Territory.

The 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.