SC to consider constitution bench to hear AAP govt’s plea on L-G’s powers
New Delhi: The Supreme Court on Tuesday assured the Aam Aadmi Party (AAP)-led Delhi government that it would consider setting up a five-judge constitution bench to decide its batch of appeals, challenging the high court verdict holding the Lieutenant Governor (L-G) administrative head of the national capital territory.
“We will post it and consider setting up of the bench,” a bench comprising Chief Justice J.S. Khehar and justice D.Y. Chandrachud said, when senior advocate Gopal Subramanium, representing the Delhi government, mentioned the matters for early adjudication.
Subramanium said a two-judge bench had earlier referred the appeals to a constitution bench which is to be set up.
The bench, which assured Subramanium that it would set up the bench, also said, “...this is a very difficult and complicated problem. However we will do it”.
The Delhi government had told the apex court on 2 February that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the L-G could encroach on them.
The apex court had on 14 December last year observed that the Delhi government should have some powers, otherwise it cannot function.
On 9 September last year, the apex court had refused to grant an interim stay on the 4 August verdict of the Delhi high court.
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