The Delhi government on Tuesday asked the Chief Justice of India for an early setting up of a Constitution Bench to hear its appeal on whether the Lieutenant-Governor (L-G) can unilaterally administer the Capital unfettered by the “aid and advice” of the elected government.
Chief Justice J.S. Khehar said he would consider the urgent request made by senior advocate Gopal Subramanium for the Delhi government.
A Bench led by Justice A.K. Sikri had in February referred the appeals to the Chief Justice to constitute a Constitution Bench of the appropriate number of judges.
Unanswered question
The court has to also consider the question whether the appeals would have to be heard by an 11-judge Bench of the Supreme Court. This is because a nine-judge Bench of the apex court had in 1996 in the NDMC versus State of Punjab case recognised Delhi as a Union Territory for taxation purposes.
The batch of seven special leave petitions filed by the Delhi government has challenged the Delhi High Court’s decision to uphold the L-G’s power not only over the police, land and public order but also in “services”. The Supreme Court had refused to stay the HC judgment.
The Delhi government has highlighted the primary question whether the dispute between the AAP and the Centre was a federal dispute coming under Article 131 of the Constitution and which only the Supreme Court has jurisdiction to hear and decide.
The High Court had dismissed the Delhi government’s claim that the AAP-Centre tussle was a ‘classic’ federal dispute.