‘Control over Delhi must as it’s the Capital’ Centre tells SC

NEW DELHI:  The Central government on Wednesday argued in Supreme Court for administrative control over Delhi owing to its status as the national capital and the ‘face of the nation’. “It is one thing to administer Puducherry or Lakshadweep but a different thing to manage the national capital. Delhi is the face of the nation. The world views India through Delhi. All the capitals are managed like that,” Solicitor General Tushar Mehta told a told a three-judge bench headed by Chief Justice of India N V Ramana.

The top court is hearing a plea by Delhi government arising out of a split verdict by a division bench on February 14, 2019, following which the two judges, Justices A K Sikri and Ashok Bhushan, both now retired, had recommended to the then CJI that a three-judge bench be set up to decide the issue of control of services in the national capital.     

The Solicitor General also submitted on Wednesday that the matter pertaining to the dispute should be referred to a Constitution Bench for a holistic interpretation of the legal issues involved. Referring to Article 239AA, which deals with Delhi and its power, the Centre earlier contended that Delhi being the national capital cannot be a full-fledged state and the Lt Governor is a stakeholder and this position has been not diluted. “Since it is the national capital, it’s necessary that the Centre has special powers over its administration and has control over important issues,” it said.

Mehta referred to the Balakrishnan Committee report that said the national capital cannot have a situation where it is run by different political parties and such issues could cause “conflict with the national interest”. Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, opposed the SG’s submissions and termed it delaying tactics.

The top court will be resuming hearing the arguments on Thursday. The SC had earlier asked the Centre if a 2018 judgment on the power tussle had said the assembly was redundant and the L-G can have power over legislative functions.