SC agrees to consider Constitution Bench to hear AAP govt plea

The Delhi High Court had on August 4, 2016, ruled that the L-G was the administrative head of the NCT, and that he was not bound by the aid and advice of the Council of Ministers.

By: Express News Service | New Delhi | Published:July 12, 2017 5:04 am
Cauvery Water Dispute, Cauvery Water Dispute Tribunal, Supreme Court on Cauvery water dispute, Tamil Nadu and Karnataka on Cauvery water dispute, India news, National news, Latest news On Tuesday, while assuring Subramaniam that it will consider setting up the bench, the apex court also said “this is a very difficult and complicated problem, however, we will do it”.

The Supreme Court on Tuesday agreed to consider Arvind Kejriwal-led Delhi government’s plea to urgently set up a five-judge Constitution bench to hear its appeal challenging the Delhi High Court order, which had held the Lieutenant Governor as the administrative head of the National Capital Territory (NCT). “We will post it and consider setting up the Constitution bench,” a two-judge bench of Chief Justice of India (CJI) J S Khehar and Justice D Y Chandrachud said, as senior counsel Gopal Subramanium, representing the Delhi government, mentioned the matter before the bench.

A two-judge bench of the Supreme Court had on February 15 referred the AAP government’s plea challenging the High Court verdict to a Constitution bench, saying it involved important questions of law. It is the CJI’s prerogative to set up the Constitution bench.

On Tuesday, while assuring Subramaniam that it will consider setting up the bench, the apex court also said “this is a very difficult and complicated problem, however, we will do it”.

The Delhi High Court had on August 4, 2016, ruled that the L-G was the administrative head of the NCT, and that he was not bound by the aid and advice of the Council of Ministers. In an affidavit filed in the matter, the Delhi government claimed that the High Court’s view was contrary to the democratic spirit and basic structure of the Constitution, and that it was also contrary to the plain and conscious legislative scheme.

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  1. D
    Dalbir
    Jul 12, 2017 at 5:42 pm
    The Modi government has destroyed Delhi and democracy. The courts must step in and save this country. India is now in the middle of a fascist dictatorship of Modi-Shah. But Kejriwalji will win in the end.
    Reply
    1. A
      Anurag Srivastava
      Jul 12, 2017 at 4:45 pm
      If as a normal course the Kejriwal Government had been sending files to the then Lieutenant Governor on a regular basis for ratification of its proposals, no problem would have arisen and Lieutenant Governor would have giving his autographs on the file. The problem arose since the time Shri Kerjriwal started considering himself as the lord almighty.
      Reply
      1. D
        Dalbir
        Jul 12, 2017 at 5:39 pm
        Can you please explain what "lord almighty" means. It is really the murder of democracy by Modi and his stooges. The Delhi government has been time and again been derailed by the LG who is what else an RSS hoodlum.
        Reply
      2. H
        Human
        Jul 12, 2017 at 9:55 am
        Kejriwal govt has been saying since 2 yrs that SC should take up this is cons utional matter but HC was allowed to give quick decision which paralysed Delhi govt functioning because officers, ACB, all under posting control of centre who are pleased if they not implement kejriwal govt plan, order after HC judgement. SC did not give decision on plea against HC judgement even after 1 yr instead realised that it is cons utional matter for which cons utional bench is to be set which is also not set even afew 3 month. Perhaps in this way the cons utional bench will set right problem inducted at the end of kejriwal govt and thus the all good policies brought would not be implemented by the corrupt intentions of centre. No one is scared to follow kejriwal govt after HC decision so why question him instead centre and courts. Thus. Kejriwal will lose election. Intellectuals would argue that kejriwal could have function if he boot licks centre allow their policies loot.
        Reply