Delhi vs Center: Who will have control over the services, a 5-judge constitution bench will hear the petition

Posted on 22nd Aug 2022 by rohit kumar

Chief Justice of India (CJI) N.V. Raman on Monday said he has constituted a five-judge Constitution Bench to hear legal issues relating to the scope of legislative and executive powers of the Center and the Delhi government over control of services in the national capital.

 

The CJI said that Justice D.Y. A bench headed by Chandrachud will hear the dispute between the Center and the Delhi government. A lawyer, Justice Raman, Justice Hima Kohli, and Justice C.T. The matter was mentioned before the bench of Ravikumar. The Supreme Court on May 6 referred the issue of control of services in Delhi to a five-member Constitution Bench.

 

The CJI had then said, "Considering the provisions of the Constitution and Article 239AA of the Constitution (which deals with the powers of Delhi) and the decision of the Constitution Bench (of 2018), it appears that before this Bench All the issues have been completely settled except one pending issue, so we do not think that the issues which have been settled need to be reconsidered.

 

The Bench had said, "The Constitution Bench of this Court, interpreting Article 239AA of the Constitution, did not specifically comment on the dispute, therefore, the Constitution Bench shall refer the above matter to it for an official decision on the matter." would be appropriate."

 

The central government had requested a joint hearing of two separate petitions of the Delhi government challenging the control of services and the constitutional validity of the amended GNCTD Act, 2021. The Lt Governor has reportedly been given more powers in the GNCTD Act.

 

This petition has been filed keeping in view the fractured judgment of 14 February 2019 in which Justice A.K. Sikri and Justice Ashok Bhushan (both retired) had recommended the formation of a three-member bench to the then Chief Justice of India to take a final call on the issue of control of services in the national capital because of their split verdict.

 

Justice Bhushan had then said that the Delhi government has no authority over the administrative services. However, Justice Sikri's opinion differed from his.

 

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