SC refers Delhi govt-vs-Centre dispute over IAS officers' control to Constitution bench

Supreme Court on Friday referred the matter of contention between the Delhi government and the Centre over the deputation of IAS officers to a five-judge Constitution bench.

A three-judge bench of the Supreme Court on Friday referred the matter of contention between the Delhi government and the Centre over the deputation of IAS officers to a Constitution bench. The case pertains to the dispute between the Delhi government and the Lieutenant Governor over the control of civil services officers.

A bench headed by Chief Justice of India NV Ramana said, "It appears that all the issues have been elaborately dealt with. We, therefore, deem it appropriate to refer it to a Constitution bench."

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The Supreme Court on April 28 reserved its order on an application filed by the central government that sought direction to refer the Delhi government's plea to a Constitution bench. The Delhi government challenged the constitutionality of sections 21, 24, 33, and 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.

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The Delhi government in its petition stated that the amendments by the Centre are an attempt to treat the LG as the default administering authority over the NCT of Delhi, by equating the position of the LG with that of the government, by authorising the LG to withhold consent over bills that, in his judgment, could be outside the scope of the legislative assembly’s powers.