New Delhi (TIP)- The Supreme Court on Friday, November 11,  refused to ask the Centre to respond to an affidavit filed by Delhi Deputy Chief Minister Manish Sisodia levelling certain ‘political’ allegations against the Centre with regard to control over bureaucracy in the national capital. “We will not ask the Centre to file a response to this affidavit. We will deal with the constitutional issues. We will step back from the actual arena of conflict,” a Bench led by CJI DY Chandrachud said after Additional Solicitor General Sanjay Jain vehemently objected to filing of an affidavit on the ongoing political slugfest. “We will freeze the pleadings (filing of documents/affidavits) now and let the Constitution Bench take up the matter now. The opposite side (Centre) need not file a reply to the affidavit,” the Bench said. A five-judge Constitution Bench led by CJI Chandrachud is to take up the dispute on control over ‘services’ in the national capital on November 24, Jain pointed out. Other judges on the Bench are Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha. On behalf of the Delhi government, senior advocate Abhishek Manu Singhvi submitted that it was necessary to show how bureaucrats were refusing to obey orders of the elected government and the administration was getting paralysed on the ground.

The Constitution Bench is expected to make an authoritative pronouncement on the scope and ambit of legislative and executive powers of the Centre and the government of the NCT of Delhi with regard to control over the bureaucracy in the national capital.

The Delhi government has challenged the validity of amended Government of NCT of Delhi Act, 2021, and Rule 13 of the Transaction of Business Rules, 1993, which allegedly gave more powers to Lieutenant Governor.

This is the third round of litigation before the top court on the power tussle between Lt Governor of Delhi — appointed by the Centre — and the elected government led by AAP leader Arvind Kejriwal. The tussle between Delhi Lt Governor and the elected government of NCT has remained unresolved despite two earlier verdicts – one each by a Constitution Bench and a two-judge Bench of the Supreme Court. In July 2018, the top court had ruled that the Delhi Lt Governor of Delhi did not have independent decision-making powers. A five-judge Constitution Bench had said the L-G was generally bound to act on the aid and advice of the Council of Ministers, except on three subjects reserved for him or where he differs with the decision of the elected NCT government and decides to refer an issue to the President. All decisions of the NCT Council of Ministers have to be communicated to the L-G. However, such communication does not mean L-G’s concurrence is required, it said.

On February 14, 2019, the court had delivered a split verdict on the issue of control of administrative services. A Bench of Justice AK Sikri and Justice Ashok Bhushan had different views as to who had powers to appoint and transfer officers of State Public Services under Entry 41, List II of the Constitution. In view of the split verdict, the issue of “services” was referred to a three-judge Bench.

                Source: TNS