Delhi Govt vs Centre : Supreme Court Constitution Bench To Start Hearing From 9th Nov, 2022

A Constitution Bench of the Supreme Court, to commence with the hearing of the dispute between the Delhi Government and the Union Government regarding the control of administrative services in the National Capital Territory of Delhi on 9th November, 2022.

A 5-judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, on Tuesday, stated that the hearing would proceed on a day-to-day basis.

On the last last date of hearing, the Bench had posted the matter to September 27 to fix the timeline for the hearing. It had also indicated that the Court will start with the hearing, tentatively, from 11th Oct, 2022.

On Tuesday (27.09.2022) Senior Advocate, Dr. Abhishek Manu Singhvi appearing for the Delhi Government apprised the Bench that though the arguments in the matter pertaining to the challenge to the Constitution (103rd Amendment) Act (EWS matter) would be concluded by the end of the day, the plea challenging the Muslim reservation in Andhra Pradesh would be taken up by another Constitution Bench shortly thereafter. In view of the same, he requested if the present matter can be listed three days prior to or immediately after Diwali vacation.

The Bench sought the opinion of the Solicitor General, Mr. Tushar Mehta and he suggested that the matter be listed after Diwali.

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.