Constitution Bench to hear Centre vs Delhi Government case

Tribune News Service

New Delhi, August 22

A Constitution Bench led by Justice DY Chandrachud will adjudicate upon the tussle for control over the bureaucracy in the national capital between the Centre and the Delhi Government that has remained unresolved despite several rounds of litigation.

Chief Justice of India NV Ramana, who is the master of roster, on Monday said the case had been assigned to a Constitution Bench headed by Justice Chandrachud after a counsel representing the Delhi Government mentioned the matter.

The five-judge Constitution Bench is expected to make an authoritative pronouncement on the scope and ambit of legislative and executive powers of the Centre and the Government of the NCT of Delhi with regard to control over the bureaucracy in the capital.

Accepting the Centre’s demand, the Supreme Court had on May 6 referred the contentious issue to a five-judge Constitution Bench even as it said the issue related to ‘services’ alone and shall be decided by the Constitution Bench as it was not dealt with by the previous Constitution Bench.

The Centre had said the issue should be referred to a Constitution Bench for a holistic interpretation of Article 239AA. Describing Delhi as the “face of the nation”, Solicitor General Tushar Mehta had defended the Centre’s control over transfers and postings of bureaucrats in Delhi even as the Delhi Government contested it.

The Delhi Government has challenged the validity of the amended Government of NCT of Delhi Act, 2021, and Rule 13 of the Transaction of Business Rules, 1993, which allegedly gave more powers to the Lieutenant Governor.

This is the third round of litigation before the top court on the power tussle between the Lt Governor of Delhi — appointed by the Centre — and the elected government, led by Arvind Kejriwal.

Control over bureaucracy

• Led by Justice Chandrachud, the Bench will adjudicate upon the tussle for control over bureaucracy in Delhi
• This is the third round of litigation between the Centre and the Delhi Government over the issue

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