The Solicitor General (SG) Tushar Mehta, senior lawyer appearing for the Central government, today told the Supreme Court that the dispute involving powers of the Delhi government against the Centre, has to be referred to a larger bench and they felt that the constitution bench didn’t go into the issue.
“In my submission it needs to be referred to a larger bench, the issue involving the powers between Delhi government and Centre,” the SG Mehta, told the Supreme Court bench, headed by the Chief Justice of India (CJI) Nuthalapati Venkata Ramana.
Mehta said that the Constitution bench judgment was a concurring judgment but the 3 judges didn’t take into consideration the entire aspect in the case.
Mehta said that there were several countries which were considered and it was seen how their capitals were managed. Its one thing to manage Pondicherry and one thing to manage Delhi.
“The judgment of the three judges didn’t deal with in so far as, but Justice Chandrachud’s judgment contextualises the issue,” Mehta told the Supreme Court bench.
The Supreme Court was hearing the dispute between the Delhi Government and the Central Government regarding the control over administrative services in Delhi.
The arguments today was inconclusive and would continue tomorrow for for further hearing.
Delhi government has moved the Supreme Court last year, seeking quashing of four amended sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’.
The Delhi government, in its petition filed before the Supreme Court, contended that the amended Act violates the “basic structure of the Constitution” and that the Centre, through the amendments, has given more power to the Lieutenant-Governor than the elected government of Delhi.