SC constitution bench to hear plea related to Delhi-Centre row over control of services
Chief Justice N V Ramana on Monday said he has constituted a five-judge Constitution Bench to hear the legal issue relating to the scope of legislative and executive powers of the Central and National Capital Territory Governments over the control of services in Delhi.
The CJI said a bench headed by Justice DY Chandrachud would hear the dispute between the Center and the Delhi government.
The matter was mentioned by a lawyer before the bench, which also included Justice Hima Kohli and Justice CT Ravikumar.
On May 6, the top court referred the issue of control of services in Delhi to a five-judge Constitution Bench.
The top court had said that the limited issue of control over services was not dealt with by the Constitution Bench, which deals with all legal questions in detail.
“The limited issue referred to this Bench pertains to the scope of legislative and executive powers of the Center and NCT of Delhi in respect of term services.” The Constitution Bench of this Court, interpreting Article 239AA(3)(a) of the Constitution, found no occasion to specifically explain the effect of the same words about entry 41 in the State List.
“Therefore, we deem it appropriate to refer the above-limited question for an official declaration by the Constitution Bench…, it had said.
Sub-Article 3(a) of 239AA (which deals with the status and power of Delhi in the Constitution deals with the law-making power of the Delhi Legislative Assembly on matters listed in the State List or the Concurrent List.
The Union government had also sought a joint hearing of two separate petitions of the Delhi government challenging the Control of Services and Transaction of Business Rules and the constitutional validity of the amended GNCTD Act, 2021, which allegedly gave more powers to the Lieutenant Governor respectively. give. , saying that they are prima facie correlated.
The Delhi government’s plea stems from a split verdict of February 14, 2019, in which a two-judge bench of Justices AK Sikri and Bhushan, both retired, recommended a three-judge bench to the Chief Justice of India. In the wake of the bifurcation decision, the issue of control of services in the national capital will be set up to be finalised.
Justice Bhushan had ruled that the Delhi government had no right to all administrative services. However, Justice Sikri made a difference.
He said that the transfer or posting of officers to the top posts of the bureaucracy (Joint Director and above) can be done only by the Central Government and in case of difference of opinion on matters relating to other bureaucrats, the views of the Lieutenant Governor will prevail.
In the 2018 verdict, a five-judge constitution bench had unanimously held that the Lieutenant Governor of Delhi is bound by the aid and advice of the elected government, and the two need to work closely with each other.