Delhi Govt vs LG : Centre Seeks Referral Of Services Issue To Constitution Bench

The Central Government on Tuesday urged the Supreme Court to refer the matter pertaining to legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital to a Constitution Bench.

The Solicitor General further sought that the dispute over administrative services and Delhi Government's petition challenging the Constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act, 2021 should be heard together.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Delhi Government, opposed the SG's request with the following submissions:

i) The fact that a review petition against a Constitution Bench judgement has been filed is not relevant to issues referred by the division bench.

iii) Pendency of review petition against the Constitution Bench judgment will not bar a 3-judge bench from considering the present issue.

iii) Issue relating to control of services and the validity of the GNCTD(Amendment) Act 2021 are not related.

The Solicitor General submitted that the Amendment Act under challenge was necessitated by Parliament because of the difficulties faced in implementing the judgment of Constitution Bench. Therefore, it is not correct to say that both the issues are unrelated. There are overlapping issues, the SG said.

"These aren't matters between individuals, these are matters of principles. The reference has been pending for four years. So few weeks more won't make a difference, kindly allow us to make our preparations", the SG said requesting that both the matters be considered together after Centre files reply in the second case (challenge to GNCTD Amendment Act).

Singhvi submitted that he is taking the full risk of the present issue of services being decided in the light of the Amendment Act. He asked why should the bench not hear the services issue in anticipation of the other matter, in which the Centre is yet to file its reply.

"I take full risk. The law as stands as it stands. Your lordships decides 100 cases this week, next week you may strike down one of those laws. Why should your lordships in anticipation not hear this matter because the validity is to be heard in a matter in which pleadings are not complete", Mr Singhvi said.

"See our predicament, what if at all we have to strike down that law", the Bench posed a question to Singhvi.

"You have heard my arguments prima facie. It is not co-related. I still accept the law as it stands", Singhvi submitted.

The Bench further said that the question isn't of conflict, the question is whether the court should entertain a matter to pass an empty decree when validity of the act is also in question.

"It is not an empty decree, you won't be asked to pass an empty decree", Mr Singhvi said.

Without making any express observations on the request for reference and joint hearing of both cases, the Bench observed that the case will tentatively be listed on 26th April, and both SG Mehta and Mr Singhvi can argue both the matters.

"Mr Mehta, You want time we have given time....almost 10 days (to reply to Delhi Government's plea challenging amendment act). It will be over by 22nd April. 26th we are fixing tentatively. You argue both matters, he will also argue both matters", the CJI orally observed. 

The Bench said that it is not making any comment on the SG's request to reserving his right to move an application seeking referral of the matter to the Constitution Bench.

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