Shivani Thakur
Published on: May 1, 2022 at 12:46 IST
The centre submitted the written note to Supreme Court which reserved the Orders on this issue stating, the larger public interest requires Delhi’s power under Article 239AA on matters concerning transfers and postings of officers in the Capital to be decided by a Constitution Bench.
“The issue involved herein is the edifice of Article 239AA and any consideration in its absence, would be incomplete and the same involves a substantial question of law, both by way of constitutional significance as well as larger public interest, and the same is not an ancillary or incidental issue, thus, meriting a reference to a Constitution Bench in terms of Article 145(3) of the Constitution”, note by the Centre said.
Solicitor General Tushar Mehta stated that five-Judge Constitution Bench of the Supreme Court in July 2018 did not decide on whether Delhi or Centre will have competence to pass laws “in so far as any such matter is applicable to union territories” as occurring in Article 239 AA (3).
A three-Judge Bench headed by Chief Justice of India after hearing arguments had closed the matter for orders on whether the issue of Delhi Assembly’s competence to Legislate on “services” required to be referred back to a five-Judge Bench.
“The significance of the issues involved in the present Appeals is much greater, in view of the fact that Delhi is the National Capital of our Country and as such the model of Governance of the NCT of Delhi will invariably require the Union Government to play a Central role, even if a Legislative Assembly or a Council of Ministers is introduced,” Centre said in note.
