The Supreme Court has agreed to hear the AAP government’s plea to restrain the Delhi High Court from delivering its judgment on issues including the scope of powers of city government and full statehood and extent of powers under Article 299AA of the Constitution on July 4.
Citing that the issues involved in the disputes are federal in nature and only the apex court has the jurisdiction in this matter under Article 131 of the constitution, the Delhi government has approached the apex court and the matter will be headed by Chief Justice T S Thakur.
Earlier too the Delhi government had filed a suit alleging that the Centre was encroaching into the Delhi government’s administrative domain and the Supreme Court should now clearly define the powers of the Lieutenant-Governor, highlighting issues like the Delhi Police being run by the Centre, unlike in other States.
Senior advocate Indira Jaising, appearing for the AAP government, mentioned the matter for urgent hearing before the bench that also comprised Justices A M Khanwilkar and D Y Chandrachud. The senior lawyer said, “No judgment be allowed to be delivered without decision on the jurisdiction of the Delhi High Court with regard to the dispute in question.”
It has been alleged by the AAP government that it is unable to function as most of its decisions are either annulled or changed by Centre at the behest of Lieutenant Governor (LG) Najeeb Jung on the ground that Delhi is not a complete state. It argued that the Delhi government cannot even increase the salaries of its DANICS officers. The L-G, Najeeb Jung, had previously declared such a hike “null and void”.
Delhi government had on May 28 last year approached the high court challenging the Centre’s notification of May 21 giving the LG absolute powers to appoint bureaucrats in the city.
It had also challenged the July 23, 2014 notification limiting the jurisdiction of the Anti Corruption Branch to Delhi government officials only.
