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The bench will pass judgment on the nagging row between the Center and the Delhi government (File Photo/Reuters)
A judicial panel headed by Chief Justice DY Chandrachud retained its order on January 18 after listening to the applications of Solicitor General Tushar Mehta and Chief Advocate AM Singhvi for the Center and Delhi Government respectively for about four and a half days.
A five-judge constitutional panel of the Supreme Court is set to deliver its ruling on Thursday, on the dispute between the center and the Delhi government over control of services in the national capital.
There was a seat presided over by Chief Justice DY Chandrachud, also consisting of Justices MR Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, and they reserved their writ on January 18 after hearing the motions of Advocate General Tushar Mehta and Senior Advocate AM Singhvi of the Center and Delhi Government respectively for what Almost four and a half days.
The court will pass its verdict on the disturbing dispute between the center and the Delhi government. According to the list of causes on the Supreme Court’s website, the ICC is likely to issue only one ruling in this case.
Delhi LG vs AAP Govt Row
The Supreme Court has been tasked with resolving the ongoing dispute between the Aadmi Party (AAP)-led government and Lieutenant Governor (LG) Vinai Kumar Saxena, regarding the extent of the mandate of the center and elected Delhi governments over control of services in the state. capital.
The Constitution Commission was established to hear the legal question relating to the scope of the legislative and executive powers of the Center and the National Capital Territory Government over the control of services in Delhi.
At the request of the central government, a three-judge panel in May 2021 referred the issue of control of services in Delhi to the five-judge Constitutional Commission on May 6 last year.
The petition by the Delhi government stems from a split ruling on 14 February 2019, in which two judges AK Sikri and Ashok Bhushan, both now retired, recommended to the ICJ that the ICJ be composed of three judges. It was established to decide once and for all on the issue of monitoring services in the national capital.
Justice Bhushan had ruled that the Delhi government had absolutely no power over all administrative services, while Justice Sikri had made the distinction. He had said that the transfer or appointment of officers in the upper echelons of the bureaucracy (joint director and above) could only be made by the center and the lieutenant-governor’s view would prevail in the event of a difference of opinion on matters relating to other bureaucrats.
In a 2018 ruling, the five-judge constitution panel unanimously decided that Delhi’s lower house is bound by the assistance and advice of the elected government, both of which need to work in harmony with each other.
Since the AAP assumed power in Delhi in 2014, there has been a constant power struggle between the center and the Delhi government with firm action on both sides.
(with PTI input)
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