Supreme Court defers hearing in tussle over Delhi services to December 8

The Supreme Court on Thursday adjourned till December 8, the hearing in the case dealing with the power tussle between Centre and Delhi government over transfer, posting of officers

The Supreme Court on Thursday adjourned till December 8, the hearing in the case dealing with the power tussle between Centre and Delhi government over transfer, posting of officers.

Advocate Shadan Farasat, assisting senior advocate Abhishek Manu Singvi , informed the court that the Union government has taken four adjournments in this matter. (PTI)

The adjournment request was made at the behest of the Centre by Solicitor General Tushar Mehta who requested a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud for moving the case already listed for November 24 to December 8.

Mehta said, “This is something beyond my control. On the same day, there is another matter related to demonetization listed before another Constitution bench headed by Justice S Abdul Nazeer. It is an ongoing matter and it is likely to go on till the last week of November.”

Senior advocate Abhishek Manu Singvi appearing for the Delhi government said, “We are in extreme pain,” referring to the situation where the amendments introduced by the Centre put bureaucracy serving in the Capital beyond the control of the Arvind Kejriwal government.

“We had mentioned all the things that are happening. We have no option but to accept the date being offered. But this should start on December 8,” Singhvi said.

Advocate Shadan Farasat, who was assisting Singhvi, informed the court that the Union government has taken four adjournments in this matter, and that even the November 24 date was fixed as per the convenience of Solicitor General. “It can’t be that every matter is arranged as per Union’s convenience. They should make some arrangements. There are additional solicitor generals (ASG) of the Union.”

The bench, also comprising justices Hima Kohli and JB Pardiwala said, “We have multiple constitution benches going on. The number of people who can represent Union are limited.”

“We do not want our colleagues to be handicapped because of CJI taking up a constitution bench matter. We will give some deference to the Court which is seized of that matter or else it will look awkward,” the bench added.

Last week, deputy chief minister of Delhi Manish Sisodia filed two affidavits before the Constitution bench accusing lieutenant governor (LG) VK Saxena of encouraging “recalcitrance of civil servants” towards the elected Aam Aadmi Party (AAP) government.

He said, “The unconstitutional and undemocratic encroachment of the powers of a duly elected government has made governance in Delhi challenging and unnecessarily difficult for the elected government.” Sisodia further alleged that LG was running a parallel system of governance in Delhi by abrogating to himself the powers of an elected government.

The Supreme Court is examining two aspects of governance in Delhi. One relates to the question as to whether Delhi government exercises control over its bureaucrats while the other issue relates to a challenge against the Government of National Capital Territory of Delhi (Amendment) Act 2021 giving wide powers to LG in the administration of the Capital. By this amendment, LG’s nod has been made mandatory for executing any policy approved by the council of ministers. The AAP government has told the Court that this law violates settled Supreme Court cases which lay down that LG has to act as per aid and advice of elected government in Delhi, except on matters of land, law and order and police, subjects on which power rests with Centre.

The Centre had justified bringing the amendment claiming that the LG was not kept in the loop over crucial executive decisions.