Delhi Government vs Centre: Matter sent to Constitutional bench by the Supreme Court

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New Delhi | Updated: February 16, 2017 12:38:48 PM

The bench also confirmed that the matter will be placed in front of the Chief Justice of India (CJI) who will form an appropriate bench to look into the matter.

Arvind Kejriwal, Kejriwal, kejriwal vs modi, Delhi Government vs Centre, Delhi Government, Supreme CourtJustice A K Sikri and Justice R K Agrawal believed that important questions of law and the Constitution are involved in the matter. (Source: PTI)

Supreme Court of India gave a big blow to Delhi government on Wednesday by agreeing to Centre on and gave its decision against the state government’s objection to the verdict that gave primacy to the Lieutenant Governor in matters of administration of the capital. The case has been referred to a Constitutional Bench now after the bench of justice including Justice A K Sikri and Justice R K Agrawal believed that important questions of law and the Constitution are involved in the matter.

The bench also confirmed that the matter will be placed in front of the Chief Justice of India (CJI) who will form an appropriate bench to look into the matter and until then framing questions and issues for consideration by the larger bench has also been refrained.

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Aam Admi Party’s standing counsel Rahul mMehrapointed out that they will try to put the matter in front of the CGI as early as possible since the legal battle is affecting the governance in Delhi. Even though he opposed the formation of Constitution bench, the court was convinced by the submission of Solicitor General Ranjit Kumar and agreed that the matter requires a substantial question of law and the interpretation of the Constitution.

On February 2, the Delhi government had told the court that it has exclusive executive powers in matters falling within the purview of the Legislative Assembly and demanded that neither the Centre nor the President should get involved in the matter. However, apex court believed that the elected government should have some say in the issues.

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In April 2016, the High Court had ruled that Delhi continues to remain a Union Territory under the Constitution with the L-G as its administrative head. The Delhi government’s counsel had told the Supreme Court bench: “We are seeking only the special status as contemplated under Article 239AA of the Constitution.”

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