The Supreme Court has taken cognizance of the Delhi government’s suit under Article 131 of the Constitution and issued summons to the Centre, government sources said Saturday.
The Delhi government had moved the Supreme Court on April 27 and urged it to intervene in the turf war between the Centre and the AAP government, as it was causing ‘undue hardship’ to citizens of Delhi.
The government contended that since the dispute impacts the federal structure of the Constitution, the Supreme Court alone has the jurisdiction to entertain such a dispute.
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“The Supreme Court has issued summons to the Union of India, dated May 11, 2016, to appear before it and respond to the claim made by the Delhi government. The summons will be returnable when the court reopens after summer vacation,” said a source.
The Delhi government had contended, “Several disputes have arisen between the Union of India and the Delhi government in the recent past, over various facets of the administration of the National Capital Territory of Delhi. From the appointment of public prosecutors, to the setting up of commissions of inquiry to look into instances of corruption and maladministration by public servants, the Union, acting through the Lieutenant Governor, has opposed most executive decisions taken by the Government of NCT of Delhi”.
Alleging that the Centre was ‘encroaching’ on the executive powers of the Delhi government, the latter sought “a declaration of the constitutional relationship between the central government and NCT of Delhi as set out in Article 239AA of the Constitution.”
“Article 131 of the Constitution of India vests exclusive jurisdiction with the Supreme Court of India over disputes between States of the Union and between the Union and its States. It is the stand of the NCT of Delhi that it is a State for the purposes of Article 131 and that the disputes arising between the NCT of Delhi and the Union of India can only be adjudicated upon by the Supreme Court,” the AAP government stated in its suit before the apex court.