L-G as Delhi's head: Kejriwal govt moves Supreme Court for 5-judge Constitution Bench
The Aam Aadmi Party government of Delhi has moved the Supreme Court for setting up of a Constitution Bench to hear its appeal against Delhi High Court ruling that L-G is the head of Delhi.
Delhi Chief Minister Arvind Kejriwal. (Photo: PTI file)
New Delhi,UPDATED: Feb 23, 2017 12:02 IST
The Arvind Kejriwal government of Delhi has sought setting up of a Constitution Bench of the Supreme Court to hear its appeal against the Delhi High Court verdict on who heads the GNCT (Government of National Capital Territory) of Delhi.
The AAP government approached the Supreme Court against the Delhi High Court's ruling that the Lieutenant Governor is the administrative head of the GNCT.
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The AAP government has sought to set up a 5-judge Constitution Bench to decide the appeal on the High Court verdict pronounced last year.
KEJRIWAL VERSUS DELHI L-G: THINGS TO KNOW
- In August last year, the Delhi High Court upheld the administrative powers of the Lieutenant Governor in matters of public order, land, police and services including the powers to appoint civil servants.
- The High Court had validated the notification of the Centre. The High Court Bench of Chief Justice G Rohini said, "Directions under the notification granting independence in decision making to the Lt Governor are neither illegal nor unconstitutional.
- The High Court asserted that Delhi is a Union Territory and the administrative powers of the Delhi L-G continue to be supreme.
- The High Court had held inquiry by the AAP government into various cases without the consent of the L-G as illegal. Delhi government's notification for the inquiry was struck down by the High Court.
- The matter had reached the Delhi High Court after the Union Home Ministry issued a notification on May 21 last year replacing a 1998 notification on the separation of powers of the LG and the elected government of Delhi.
- The older notification stated that the Delhi L-G would consult the Chief Minister in the matters of public order, police and services. It also said that in the event of having no consultation, the reasons should be recorded by the L-G.
- The May-2016 notification stated that the L-G could take independent decisions in the matters of police and services matters.
- The AAP had challenged the MHA notification in the Delhi High Court.
- After Delhi government approached it today, the Supreme Court said it would look into the plea for early setting up of a Constitution Bench to hear AAP government's appeals against the Delhi High Court verdict.
- The matter was mentioned by the Delhi government before a bench headed by Chief Justice J S Khehar who said, "We will see whether it will come up before or after the summer vacations."
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