SC refers Delhi’s pleas against HC verdict on LG to Constitution Bench

SC refers Delhi’s pleas against HC verdict on LG to Constitution Bench

SC refers Delhi's pleas against HC verdict on LG to Constitution BenchSatya Prakash

Tribune News Service

New Delhi, February 15

The Supreme Court (SC) on Wednesday referred the dispute between the AAP government and Lieutenant Governor over their powers and jurisdiction to a Constitution Bench, saying it involved important questions of law.A Bench headed by Justice AK Sikri, however, did not frame the issues to be considered by the Constitution Bench.

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It said the parties were free to approach Chief Justice of India JS Khehar to seek an early setting up of the Bench for speedy disposal of the matter. The AAP government and LG have been involved in a bitter power tussle over who controls various departments in Delhi. The Delhi High Court had on August 4 last year declared that LG was the boss in the capital.In a setback to the Arvind Kejriwal government, the Supreme Court had refused to stay the Delhi High Court’s verdict declaring the LG the administrative head of Delhi. It had also declined to stop functioning of a three-member panel set up by LG Najeeb Jung to scrutinise 400-odd files relating to decisions taken by the AAP government without his concurrence.Following the HC order, ‎the appointment of 21 parliamentary secretaries was also declared illegal for want of LG’s approval. The AAP government had accused the LG of acting like an employee of the Centre. “A piquant situation has emerged in Delhi due to the Delhi High Court’s August 4 judgement, which had held that all decisions of the elected government have to get prior approval of the LG,” it had said.In its August 4 verdict, the HC held concurrence of the LG in administrative issues was “mandatory”. The high Court had rejected the AAP government’s contention that LG was bound to act only on the aid and advice of the Council of Ministers with regard to making of laws by the Legislative Assembly under the Article 239AA and termed it was “without substance.”However, it had agreed with the AAP government’s submission that the LG will have to act on its aid and advice in appointment of‎ special public prosecutors.

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