The Supreme Court on Friday referred to a five-judge Constitution Bench the issue of administrative control of IAS and other officers posted in Delhi..A Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli ordered"We have perused rival contentions, the main issue is interpretation of Article 239AA. It appears all the issues have been elaborately dealt with. We don't want to revisit the issues settled by previous Constitution Bench. On the aspect of services, we deem it appropriate to refer it to a Constitution Bench.".The Court had hinted that the matter would be referred to a larger bench when it reserved its verdict on the issue last week. Solicitor General Tushar Mehta, on behalf of the Central government, had also suggested that since administrative control over services in the Union Territory under Article 239AA involves a substantial question of law, the matter should be referred to a larger bench..Delhi govt v. Lt. Governor dispute on control over services involves substantial question of law: Central government to Supreme Court .The Delhi government's case is that the elected government of Delhi has been excluded by the Central government from exercising any administrative control over important bureaucrats and officers, and that the officers are continuing to act on the orders of the Centre through the Lieutenant Governor (LG).The Supreme Court had on April 14, 2019, pronounced its verdict on various individual aspects relating to the tussle between the Delhi government and the LG.However, the two judges on the Bench - Justices AK Sikri and Ashok Bhushan - had differed on the issue of 'services' under Schedule VII, List II, Entry 41 of the Constitution of India.The issue considered by the Court was whether the exclusion of “services” relatable to Entry 41 of List II of the Seventh Schedule from the legislative and executive domain of the National Capital Territory (NCT) of Delhi, vide a notification of the Government of India dated May 21, 2015, is unconstitutional and illegal.Since the judges on the Bench differed, that aspect was referred to a larger Bench..In 2018, a Constitution Bench of the Supreme Court had interpreted Article 239AA of the Constitution, which contains special provisions with respect to the National Capital Territory. The peculiar status of the NCT and the powers of the Delhi Legislative Assembly and the LG and their interplay were debated in the case.The Court in that judgment had ruled that the LG cannot act independently without the aid and advice of the Council of Ministers, and has to work harmoniously with the NCT government.The appeals relating to individual aspects including services were then placed before a regular Bench for adjudication based on the Constitution Bench judgment.The 2019 judgment was delivered by the regular Bench pursuant to that, but the issue of 'services' remained unaddressed due to the difference in opinion between the two judges..[Read Judgment]
The Supreme Court on Friday referred to a five-judge Constitution Bench the issue of administrative control of IAS and other officers posted in Delhi..A Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli ordered"We have perused rival contentions, the main issue is interpretation of Article 239AA. It appears all the issues have been elaborately dealt with. We don't want to revisit the issues settled by previous Constitution Bench. On the aspect of services, we deem it appropriate to refer it to a Constitution Bench.".The Court had hinted that the matter would be referred to a larger bench when it reserved its verdict on the issue last week. Solicitor General Tushar Mehta, on behalf of the Central government, had also suggested that since administrative control over services in the Union Territory under Article 239AA involves a substantial question of law, the matter should be referred to a larger bench..Delhi govt v. Lt. Governor dispute on control over services involves substantial question of law: Central government to Supreme Court .The Delhi government's case is that the elected government of Delhi has been excluded by the Central government from exercising any administrative control over important bureaucrats and officers, and that the officers are continuing to act on the orders of the Centre through the Lieutenant Governor (LG).The Supreme Court had on April 14, 2019, pronounced its verdict on various individual aspects relating to the tussle between the Delhi government and the LG.However, the two judges on the Bench - Justices AK Sikri and Ashok Bhushan - had differed on the issue of 'services' under Schedule VII, List II, Entry 41 of the Constitution of India.The issue considered by the Court was whether the exclusion of “services” relatable to Entry 41 of List II of the Seventh Schedule from the legislative and executive domain of the National Capital Territory (NCT) of Delhi, vide a notification of the Government of India dated May 21, 2015, is unconstitutional and illegal.Since the judges on the Bench differed, that aspect was referred to a larger Bench..In 2018, a Constitution Bench of the Supreme Court had interpreted Article 239AA of the Constitution, which contains special provisions with respect to the National Capital Territory. The peculiar status of the NCT and the powers of the Delhi Legislative Assembly and the LG and their interplay were debated in the case.The Court in that judgment had ruled that the LG cannot act independently without the aid and advice of the Council of Ministers, and has to work harmoniously with the NCT government.The appeals relating to individual aspects including services were then placed before a regular Bench for adjudication based on the Constitution Bench judgment.The 2019 judgment was delivered by the regular Bench pursuant to that, but the issue of 'services' remained unaddressed due to the difference in opinion between the two judges..[Read Judgment]
