Supreme Court Agrees To Hear Delhi Government’s Plea On Scope Of Its Power

The Supreme Court of India today agreed to hear next week appeals of the Delhi government relating to the scope of its various powers in view of the recent verdict by a Constitution bench that held that the Lieutenant Governor has no independent power to take decisions.

A five-judge Constitution bench headed by Chief Justice Dipak Misra had recently laid broad parameters for the governance of the national capital, which has witnessed a power struggle between the Centre and the Delhi government 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 separately by an appropriate smaller bench.

The bench comprising Chief Justice Dipak Misra and 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 the next week,” the bench told lawyer Rahul Mehra who is representing the Delhi government.

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

It had said 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 Lieutenant Governors, incumbent Anil Baijal and his predecessor Najeeb Jung, with whom Kejriwal was at loggerheads, often accusing them of preventing the functioning of his government at the behest of the Centre.