[GNCTD Vs. Centre] SG Tushar Mehta seeks reference to a larger bench; SC reserves judgment
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The Delhi Government had contended, “amended sections of the GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi..."
In the dispute relating to control of civil services in NCT of Delhi, SG Tushar Mehta, appearing for the Union of India, today submitted before a Constitution bench that the matter should be referred to a larger bench of at least 9 judges.
This submission was made by the SG while arguing i the Delhi Government's plea challenging amendments in sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’.
When the Solicitor General raised the issue of reference, CJI Chandrachud expressed his surprise to the submission, to which SG Mehta said, "I mentioned the application filed seeking reference in December 2022, and was given permission to raise the point during the final hearing...".
Notably, the CJI Chandrachud led bench reserved its judgment in the matter today after hearing the parties for over two weeks.
The Delhi Government had averred before Top Court that the Centre, through its amendments, has, “given more power to the Lieutenant Governor than the elected government of the people of Delhi” according to a press release in the public domain.
Thereby, it had challenged the constitutional validity of Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991 and Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.
On May 6, a bench comprising the then CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli had referred the issue relating to services to the Constitution Bench, observing that the 2018 judgment did not consider this aspect while interpreting the ambit of Article 239AA of the Constitution.
As per the plea, in 2016, disputes and differences arose between the LG and the Delhi Government in respect of powers, duties and governance and subsequently the matter was taken to court.
Thereafter, the Constitutional Bench of the Supreme Court had in that matter held that the Council of Ministers shall inform all its decisions to the Lt Governor but that does not mean that the concurrence of the Lt Governor is required.
Case Title: GNCTD vs. UoI