CENTRE-DELHI GOVT DISPUTE GOES TO 5-JUDGE BENCH

                  From Our Bureau
NEW DELHI: The Supreme Court on friday referred the issue of control over the administrative services of Delhi government to a 5-judge Constitution Bench for adjudication.

A Bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli asked counsel of Centre and AAP-led Delhi government to argue the case before the Constitution Bench on May 11, noting that the Constitution Bench had already dealth with all issues arising out of the dispute including control over Delhi Police and all that is left is who controls the administrative services of Delhi government.

It had reserved its order on April 28 on the Centre’s submission that the dispute over the control over services is referred to a five-judge bench, a plea which was strongly opposed by the Delhi government.

The plea by the Delhi government arises out of a split verdict of February 14, 2019, in which a two judge-bench of Justices A K Sikri and Ashok Bhushan, both retired since had recommended to the Chief Justice of India that a three-judge bench be set up to finally decide the issue of control of services in the national capital in view of its split verdict.

In the 2018 judgement, a five-judge Constitution bench had unanimously held that the Lieutenant Governor of Delhi is bound by the “aid and advice” of the elected government, and both needed to work harmoniously with each other.

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