SC to hear next week Delhi govt.’s pleas on its powers

Five-judge Constitution Bench had clarified that issues would be dealt with separately by an appropriate smaller Bench.

Chief Minister Arvind Kejriwal and his deputy Manish Sisodia during their meeting with L-G Anil Baijal. File photo

The Supreme Court on Tuesday agreed to hear next week the appeals of the Delhi government relating to the scope of its powers in view of the recent verdict by a Constitution Bench that held that the Lieutenant Governor (LG) has no independent power to take decisions.

The five-judge Constitution Bench, headed by Chief Justice of India (CJI) Dipak Misra laid down broad parameters for the governance of the national capital, which has witnessed a power struggle between the Union and Delhi governments since the Aam Aadmi Party came to power in 2014.

The Bench had clarified that issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers would be dealt with separately by an appropriate smaller Bench.

The Constitution Bench, comprising Justices AM Khanwilkar and DY Chandrachud considered the submission of the Delhi government that even after the verdict the stalemate over the issue of public services was continuing and that needed to be dealt with by an appropriate Bench.

“It will be listed sometime in next week,” the Bench told lawyer Rahul Mehra, representing the Delhi government.

July 4 ruling

The apex court, in its July 4 ruling , vindicated Delhi Chief Minister Arvind Kejriwal, who has long accused the LG of preventing his government from functioning properly.

It had said that barring three issues of public order, police and land, the Delhi government has the power to legislate and govern on other issues.

There were two LGs - incumbent Anil Baijal and his predecessor Najeeb Jung- with whom Mr. Kejriwal was at loggerheads, accusing them of preventing the functioning of his government at the behest of the Centre.