New Delhi: The Chief Justice said there are older constitution bench matters, which the court is listing for hearing and there are two seven-judge bench matters coming up for hearing. The bench said all these matters are also important and they have been pending for long.
Singhvi said since this matter will close interpretation this way or that way, the court could find a place in between constitution bench matters to hear the Delhi government matter. The Centre’s counsel contended that the questions framed initially will have to be changed.
The Chief Justice asked Singhvi and Centre’s counsel to sit together and complete the procedural steps and then mention the matter again before the court for a fixed date of hearing.
The top court said it will appoint advocate Shadan Farasat as nodal counsel and asked the counsel to prepare the submissions in 4 weeks .
On August 25, the apex court allowed the Delhi government to amend its petition challenging the recently passed law by Parliament in connection with the control over services in the national capital.
Singhvi had contended before the top court that the earlier the challenge was directed against the ordinance which has now become law after it was cleared by the Parliament.
The top court asked Solicitor General Tushar Mehta whether the requested amendment could be allowed? Mehta said it could be done right away.
The apex court allowed the amendment to the petition and granted four weeks’ time to the Centre to file its response to the amended plea.
Parliament recently cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill. Prior to this, the challenge to the Centre’s ordinance over services was referred by the apex court to a five-judge constitution bench.
The law takes away the control over services from the Delhi government and triggers a fresh legal battle between the state government and the Centre.
In July, the Supreme Court had said a constitution bench, comprising five-judges, will examine: what are the contours of the power of Parliament to enact a law under Article 239-AA (7) and whether Parliament can abrogate the constitutional principles of governance for the Delhi government by making a law taking away its control over services.
The Delhi government had sought a stay of the NCT ordinance on the ground that it prevents the Government of NCTD from meeting its popular mandate. The top court refused to entertain state government submissions -- the entire system will be paralysed during its pendency -- against referral of the matter to a constitution bench.
The state government had submitted that 2023 ordinance abrogates the principles of collective responsibility and the triple chain of accountability which are important facets of NCTD’s governance structure.
