Delhi power tussle: SC may set up Constitution bench to hear AAP govt's pleas

Delhi Govenrment filed an appeal in SC challenging Delhi HC order asserting LG is the administrtaiive head of Delhi/ Photo: PTI

New Delhi: In a prolonged tussle of power between Delhi Government and Lieutenant Governor, Aam Aadmi Party on Monday sought from the Supreme Court to form a five-judge Constitution bench as soon as possible to decide on its pleas challenging Delhi HC verdict that LG is the administrative head of the national capital.   A bench comprising of Chief Justice JS Khehar, Justice DY Chandrachud and S K Kaul told senior advocate Gopal Subramanian who was representing Aam Aadmi Party government, that it may consider setting up the bench soon after summer vacation. Subramaniam mentioned the matter before the bench and said that the appeals have been referred to the CJI for setting up of a larger bench to deal with various constitutional issues. On February 15, the Supreme Court had referred a several pleas filed by Delhi Government against the HC verdict (held that Delhi is not a state and therefore, Lieutenant Governor is the administrative head) to a constitution bench. The apex court asserted that since the matter is regarding administration and constitution, therefore it must be adjudicated properly by a Constitution bench. However, it did not frame questions to be deliberated upon by the Constitution bench in the matter and had asked the Centre and the Delhi government to argue their case before the larger bench. What does AAP have to say? The Delhi government had on February 2 told the court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these. HC order on AAP Vs LG: The High Court in its order said “L-G is not bound to act as per advice of Delhi Cabinet”. The High court also said that “AAP Government’s contention that L-G is bound to act on advice of Council of Ministers is without any substance and cannot be accepted”. As per the HC, “The May 21, 2015, notification of Centre barring ACB from proceeding against Central Government employees is neither illegal nor unsustainable”. The court in its judgement said that Article 239 continues to remain applicable that makes Delhi a Union territory and “Council of Ministers cannot take decision without referring to L-G first”.