From Nov 9, Constitution bench to hear Delhi-Centre services matter

New Delhi A constitution bench in the Supreme Court will start day-to-day hearing of the power tussle between the Centre and the Delhi government over the control of bureaucrats in the national capital from November nine

New Delhi A constitution bench in the Supreme Court will start day-to-day hearing of the power tussle between the Centre and the Delhi government over the control of bureaucrats in the national capital from November nine.

From Nov 9, Constitution bench to hear Delhi-Centre services matter

The five-judge bench, led by Justice Dhananjaya Y Chandrachud, fixed the schedule of the constitution bench case, asking the parties to file their written submissions by November 1. The other judges on the bench included justices MB Shah, Krishna Murari, Hima Kohli and PS Narasimha.

As declared by Justice Chandrachud on September 7, this will be the first “completely paperless” hearing by a five-judge bench.

On Tuesday, solicitor general Tushar Mehta, who represents the Union government in the matter, informed the bench that the training of the lawyers by the IT department of the Supreme Court has begun to help them familiarise better with technology and have smooth experience during the proceedings.

“I was asked by one of the trainers to disclose as to what level was I?” Mehta told the bench. This prompted Justice Chandrachud to quip: “You should have said I am at the level of Solicitor General of India.” The SG responded that he in fact told the trainer that he was at the KG (kindergarten) level and the trainer found it more convenient than some other levels.

In May, a three-judge bench referred the matter to a constitution bench, clarifying that the larger bench shall adjudicate the limited issue relating to ‘Services’ in Delhi and that no other substantial issue on the interpretation of Article 239AA requires to be touched since previous orders cover other issues.

Article 239AA delineates the legislative and executive powers of the Delhi government while clarifying three subjects, namely land, police and public order, shall remain under the exclusive domain of the Centre in the capital.

Before the three-judge bench, the Centre pressed for a fresh adjudication by a constitution bench to set the boundaries of the AAP government in Delhi in so far as it relates to transfer and appointment of bureaucrats in the capital.

According to the Centre’s submissions, there can be more than the three subjects specifically mentioned under sub-section 3 of Article 239AA (land, police and public order) on which the Delhi government is restricted from passing a law, and that this aspect should be clarified by another five-judge bench.

The Delhi government, on its part, opposed the Centre’s views, seeking a quick decision on whether or not it has the executive power to transfer and appoint bureaucrats in the Capital.

In a previous round, a constitution bench in July 2018 held that the executive power of the Union government in respect of NCT of Delhi is confined to land, police and public order under subsection 3 of Article 239AA.

However, SG Mehta and additional solicitor general (ASG) Sanjay Jain, appearing for the Union government, made the fine point during the proceedings in April that the 2018 judgment did not specifically declare that the Delhi government is empowered to make laws on all subjects other than land, police, and public order.

At that juncture, senior advocate Abhishek Manu Singhvi, appearing for the AAP government, strongly countered this submission. He argued that the 2018 verdict by the constitution bench is unequivocal in demarcating the powers of the Delhi government and that the submissions by the Centre are aimed at eroding the federal structure. Singhvi added that accepting the Centre’s submissions would render the Delhi legislative assembly meaningless.

Ends