The Supreme Court on Friday referred to a five-judge Constitution bench the dispute between the Centre and the Delhi Government over control of services in the national capital for an “authoritative pronouncement” on the issue.
The bench comprising Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli, however, said all other issues, except the issue of control over services, had been “elaborately dealt with'' by the previous Constitution bench in 2018 and they will not be revisited.
“Subject to the provisions of the Constitution and Article 239AA (which deals with Delhi's power) of the Constitution and considering the Constitution bench judgement (of 2018), it appears that all the issues except the one pending consideration before this bench have been elaborately dealt with therefore, we do not deem it necessary to revisit the issues that already stand settled,” the CJI said while reading out the operative portion of the verdict.
The limited issue that has been referred to this bench relates to the scope of legislative and executive powers of the Centre and the Delhi government with respect to the terms of services, the verdict said. “The Constitution bench of this court while interpreting Article 239AA of the Constitution did not find any occasion to specifically interpret the dispute herein ...We therefore deem it appropriate to refer the above limited question for an authoritative pronouncement by the Constitution bench,” it said.
“We are listing it on Wednesday. Please, do not ask for any adjournment (on May 11),” the CJI said. The bench had reserved its order on April 28 on the Centre's submission that the dispute over the control over services be referred to a five-judge bench, a plea which was strongly opposed by the AAP-led Delhi Government.
The plea by the Delhi government arises out of a split verdict of February 14, 2019, in which, a two judge-bench of Justices AK Sikri and Bhushan, both retired since had recommended to the Chief Justice of India that a three-judge bench be set up to finally decide the issue of control of services in the national capital in view of its split verdict. Justice Bhushan had ruled the Delhi Government had no power at all over administrative services. Justice Sikri, however, made a distinction. He said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the Central government and the view of the Lieutenant governor would prevail in case of a difference of opinion on matters relating to other bureaucrats.
In the 2018 judgment, a five-judge Constitution bench had unanimously held that the Lieutenant Governor of Delhi is bound by the “aid and advice” of the elected government, and both needed to work harmoniously with each other.