A Constitutional Court panel led by Justice DY Chandrachud will hear the Delhi Government v. LG dispute over authority over “services”

The Supreme Court will hear the dispute between the Central and Delhi governments on whether authority has administrative control over the transfers and postings of officials in Delhi [Govt of NCT of Delhi v. Union of India] from a Constitution bench presided over by Justice DY Chandrachud. The issue was brought before Chief Justice of India NV Ramana, who stated that Justice Chandrachud’s bench will preside over the hearing.

After a 3-judge bench in May of this year decided to move the matter to a bigger court in response to a plea from the Central government, the case will now be considered by a Constitution bench. According to the Delhi government’s argument, the important bureaucrats and officers are still carrying out the Central government’s directives through the Lieutenant Governor despite the fact that the elected government of Delhi has been barred by the Central government from exercising any administrative control over them (LG).

Article 239AA of the Constitution, which has specific provisions pertaining to the National Capital Territory, was construed by a Constitution Bench of the Supreme Court in 2018. In the case, there was discussion over the distinctive position of the NCT, the authority of the Delhi Legislative Assembly, the LG, and how those authorities interacted.

In that decision, the Court had stated that the LG must cooperate with the NCT government and cannot act unilaterally without the support and counsel of the Council of Ministers. The appeals pertaining to specific elements, such as services, were subsequently brought before a normal Bench for decision-making based on the ruling of the Constitution Bench.

On April 14, 2019, the regular bench delivered its ruling on a number of particular issues pertaining to the dispute between the Delhi government and the LG. Justices AK Sikri and Ashok Bhushan, the two judges on the bench, had disagreed on the topic of “services” under Schedule VII, List II, Entry 41 of the Indian Constitution. The Court was asked to decide whether it was constitutionally and legally correct for “services” related to Entry 41 of List II of the Seventh Schedule to be excluded from the legislative and executive authority of the NCT of Delhi by a notice issued by the Government of India on May 21, 2015.

Due to the differences between the judges on the bench, the issue was sent to a bigger bench and was heard by a three-judge bench. On the request of the Center, the three-judge bench then referred the case to the Constitution Bench. The Constitution Bench’s majority judgement did not take into account the purpose and intent of the expression “insofar as any such matter is applicable to Union Territories” as it appears in Article 239AA(3) of the Constitution, which is the central and important aspect of the said provision, which was the main justification for the request to refer the case to a five-judge bench. In opposition to the plea for a referral, Dr. Abhishek Manu Singhvi, speaking on behalf of the Arvind Kejriwal-led Delhi government, claimed that doing so would amount to a review of the 2018 ruling.