New Delhi: The Supreme Court is set to pronounce its verdict on the Delhi-Centre power struggle over supremacy in administration and governance over the national capital today, after reserving it in December last year.
The verdict would be pronounced by a five-judge constitution bench of the Supreme Court comprising Chief Justice Dipak Misra, Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan.
Delhi has a unique position under the Indian Constitution, with its own state assembly and an administrator in the form of a Lieutenant Governor (L-G).
The Delhi high court on 4 August, 2016 had upheld the powers of the L-G in matters of public order, land, police and services, including the power to appoint civil servants and declared him as its administrative head.
The high court emphasized the administrative capacity of the L-G, while ruling that Delhi continues to be a union territory despite Article 239 AA of the Constitution which makes some special provisions with respect to Delhi.
The high court stated that the council of ministers were under a constitutional mandate to communicate their decisions to the L-G even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi.
Aggrieved by the order, the Delhi government on 31 August 2016 appealed against the Delhi high court order before the apex court.
The Centre had argued that the Delhi government could not stake any claim to have executive power over the national capital.
The Delhi government on the other hand, had argued that the 69th Amendment of the Constitution in 1992 gave the National Capital of Delhi special status with its own democratically elected government and legislative assembly, hence its authority could not be undermined.