Withdraw suit against Centre, SC advises AAP

R Sedhuraman

Legal Correspondent

New Delhi, August 29

The Supreme Court today 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. 

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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. LG’s nod was a must for notifying laws passed by the Assembly.

The apex court Bench noted that both suits, which sought a declaration that Delhi was a state and the proposed petition, dealt with the same issue.

“Once the 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, 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-three days.

On August 4, a Delhi HC Bench 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, it quashed several orders issued by the Kejriwal government without taking LG’s approval. Among the notifications trashed were the orders raising circle rates of properties.