The Supreme Court on Monday said a five-judge Constitution bench would consider on September 7 the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi Government over control of services in the national Capital.
A bench headed by Chief Justice Uday Umesh Lalit took note of the submissions of senior advocate A M Singhvi, appearing for the Delhi government, that the matter be listed before a bench due to some urgency.
“I’ll have a word with Justice D Y Chandrachud. We will list it before a CB (constitution bench) headed by Justice Chandrachud day after tomorrow,” the CJI said.
Solicitor General Tushar Mehta, appearing for the Centre, said he would be seeking a few days to prepare for the case.
The bench, also comprising Justice S Ravindra Bhat, said the bench concerned would fix the schedule of hearing.
Earlier, the apex court on August 22 had said that a five-judge
Constitution bench headed by Justice Chandrachud has been set up to hear the legal issue concerning the scope of legislative and executive powers of the Centre and National Capital Territory government over control of services in Delhi.
On May 6, the top court had referred to a five-judge Constitution bench the issue of control of services in Delhi.
The apex court had said the limited issue of control over services was not dealt with by the Constitution bench which elaborately dealt with all legal questions.
“The limited issue that has referred to this Bench relates to the scope of legislative and executive powers of the Centre and NCT Delhi with respect to the term services. The Constitution bench of this court, while interpreting Article 239AA(3)(a) of the Constitution, did not find any occasion to specifically interpret the impact of the wordings of the same with respect to Entry 41 in the State List.