The Supreme Court on Tuesday assured the AAP-led Delhi government that it would consider setting up a five-judge constitution bench to decide its batch of appeals challenging the high court verdict holding the Lieutenant governor administrative head of the national capital territory.
“We will post it and consider setting up of the bench,” a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said when senior advocate Gopal Subramanium, representing the Delhi government, mentioned the matters for early adjudication.
Subramanium said a two-judge bench had earlier referred the appeals to a constitution bench which is to be set up. The bench, which assured Subramanium that it would set up the bench, also said, “…this is a very difficult and complicated problem. However we will do it”.
The Delhi government had told the apex court on February 2 that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG could encroach on them.
The apex court had on December 14 last year observed that the Delhi government should have some powers, otherwise it cannot function. On September 9 last year, the apex court had refused to grant an interim stay on the August 4 verdict of the Delhi High Court.