Tussle with Centre: Two cases not possible, SC tells Kejriwal govt

R Sedhuraman

Legal Correspondent

New Delhi, August 29

The Supreme Court on Monday strongly advised the Arvind Kejriwal government in Delhi to pursue just one case on its tussle with the Centre over delineation of powers and the city’s status–state or union territory?

“In all fairness, you should withdraw the suit” against the Centre, a Bench comprising Justices AK Sikri and NV Ramana told Delhi’s counsel. The Bench made the remark while taking up the suit for hearing.

The Delhi government, however, sought an adjournment for two weeks to enable it to file a petition, challenging the High Court’s August 4 judgment holding that the city continued to be a UT. The HC had ruled that the Lieutenant Governor was the supreme administrative authority and was not bound to act on the advice of the council of ministers. The LG’s nod was a must for notifying laws passed by the Assembly.

The apex court Bench noted that both the suit, which sought a declaration that Delhi was a state, and the proposed petition dealt with the same issue and in view of this it was not proper for the Kejriwal government to file two cases.

“Once the Delhi HC has decided the issue on merit, what remains of the suit” which was meant for resolution of inter-state or Centre-state disputes, the Bench asked. “Why two parallel proceedings?”

As Delhi’s counsel sought time to take instructions on the court’s advice, the Bench posted the suit for hearing on September 2. The Delhi government said its suit was almost ready and would be filed in two to three days.

On August 4, a Delhi HC Bench comprising Chief Justice G Rohini and Justice Jayant Nath had held that Delhi’s status as a UT remained unchanged even after the 69th Constitution amendment of 1991, granting special status to the city.

As a result, the high court quashed several orders issued by the Kejriwal government without taking the LG’s approval. Among the notifications trashed were the orders raising circle rates of properties and policy directions to the Delhi Electricity Regulatory Commission over disruption in power supply to consumers and payment of compensation.

The court delivered the 194-page judgment on nine petitions arising from several disputes between the LG and the Kejriwal regime over several administrative issues since May 2015.

It was “manifestly clear” from Constitutional and legal provisions (Article 239 and the Government of National Capital Territory of Delhi Act, 1991) that Delhi continued to be a UT and the city government’s contention that the LG was bound to act only at the aid and advice of the council of ministers “is without substance and cannot be accepted,” the HC held.