SC on plea against GNCTD Act : ‘Everyday we have to hear Delhi govt matters only?’

Insight Online News

New Delhi, Oct 6 : The Supreme Court reacted sharply as as the AAP government on Wednesday sought again an urgent hearing on its plea against the amended Government of National Capital Territory of Delhi (GNCTD) Act, passed by Parliament in March this year.

As senior advocate A.M. Singhvi, representing the Delhi government, submitted before a bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli that the plea may be listed for hearing, the court said that the day before, a lawyer mentioned the Delhi-Centre case.

“Every day, we have to hear the Delhi government matter only? We will list it, Mr Singhvi, leave it there…”

The bench said it will put the matter before an appropriate bench.

The Delhi government plea also challenges some provisions of the Transaction of Business Rules, which allegedly hands over more power to the Lt Governor.

Singhvi cited the distinction between the case mentioned by him and the other matter, which was mentioned on Tuesday by senior advocate Rahul Mehra, saying that he was referring to writ petition which pertains to Article 239AA (status of Delhi under the Constitution) and challenged the GNCTD Act and 13 Rules of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

On September 13, the top court had agreed to list the matter. The Delhi government has moved the top court seeking quashing of the four amended sections of the GNCTD Act and 13 Rules on various grounds, arguing that the amended sections violate the doctrine of basic structure, separation of power, as the Lt Governor has been bestowed with more authority than the elected government.

The Delhi government, on Tuesday, had sought urgent hearing on another plea, arising out of a 2019 split verdict on the contentious issue of who should control administrative services in Delhi. The top court had said that it would constitute a bench for it after Diwali vacation.


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