Supreme Court reserves orders on Centre’s plea to refer Delhi’s opposition to GNCTD Act to Constitution Bench

Centre quotes practical difficulties in governance of Delhi as a reason to justify the new law giving more powers to L-G

The Supreme Court on Thursday reserved for orders a plea by the Centre to refer the Delhi government’s challenge to the Government of National Capital Territory of Delhi (Amendment) Act, 2021 to a Constitution Bench.

During the hearing before a three-judge Bench led by Chief Justice of India N.V. Ramana, the Centre had quoted practical difficulties in the governance of Delhi as a reason to justify the new law which arms the Lieutenant Governor with greater powers in the administration of the Capital.

The Arvind Kejriwal government, on the other hand, has described the status of Delhi as “hybrid” and unique, but certainly leaning towards statehood.

Senior advocate A.M. Singhvi, appearing for the Delhi Government, said the new law had left a democratically elected government without powers to even transfer officials.

The NCT government’s predicament without power over the ‘services’ had been like that of a king without a kingdom, he had argued. The situation was such that a “democratic representative government” had to get the approval of the Lieutenant Governor to appoint a Health Secretary or a Commerce Secretary.

Mr. Singhvi, with advocate Shadan Farasat, referred to a Constitution Bench judgment of 2018 in which the Supreme Court had unanimously held that the Lieutenant Governor (LG) of Delhi was bound by the “aid and advice” of the popularly-elected Aam Aadmi Party (AAP) government and both have to work harmoniously with each other. It had noted that there was no room for anarchy or absolutism in a democracy.

Solicitor General Tushar Mehta, for the Centre, had argued that the case should be heard by a Constitution Bench and not a three-judge one as it involved several crucial constitutional questions of law.