Ambit of powers: SC rejects AAP govt plea, says respect Delhi HC

It also held that a high court is empowered under the Constitution to decide on issues independently and the apex court shall not dictate terms to them regarding the manner in which cases ought to be decided by them.

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“We perceive a sense of anomaly here. Who approached the Delhi High Court? You are now arguing that the dispute is federal in nature and hence only the Supreme Court should decide it under Article 131 but you had, in fact, knocked on the doors of the high court. If you think only this court should decide then you should have withdrawn your petition from the high court,” the bench told senior advocate Indira Jaising who represented the Delhi government.

Opening her arguments, Jaising had sought to convince the bench that the top court had the exclusive jurisdiction to decide since the tussle between the Delhi government and the Centre was federal in nature.

She said the high court be directed to only pronounce its order not on the scope of powers but only on the issue of jurisdiction, which, according to the Delhi government, rests only with the Supreme Court. “Our problem is that the high court has reserved its verdict also on the merits of the case,” argued Jaising.

But the bench was critical of the Delhi government’s stand, as it underscored that the high court had embarked upon the adjudication only after the former approached it and that it would be improper to now ask the high court to hold its hands when the judgment had been reserved.

“You claim high court does not have the jurisdiction but every court does have inherent jurisdiction to determine whether or not it has the jurisdiction to decide a particular issue. The Delhi High Court can say whether it has the jurisdiction or not. Does not a high court decide on the Constitutional issues? Does not a high court decide on issues under Article 226 (writ jurisdiction) that this court decides under Article 32 (writ powers)?” it questioned Jaising.

The bench added, “Why should we tell the high court you should decide only the preliminary issue and not on any other thing? High court has its own independence under the Constitutional scheme. You must respect the high court. The high court has the Constitutional authority to adjudicate and it must decide one way or the other. The high court will have its own interpretation of constitutional issues and we must let them decide. They may decide rightly or wrongly and then you bring the issues here and we may decide. But if a court has heard arguments and reserved its judgment then we must let it decide first.”

The apex court also underlined it was not a private issue between two parties where an interference could be done to effect a compromise. The apex court said the Delhi High Court was at liberty to decide all issues, including the issue relating to its jurisdiction, and the Delhi government, if it so decides, may approach the apex court.

On the Delhi government’s separate suit filed in the Supreme Court for declaration of powers, the bench asked Jaising to make a request before the Chief Justice of India for an expeditious hearing.