Supreme Court refers Delhi vs Centre dispute to 5-judge bench

The Supreme Court on Friday referred to a Constitution bench for "authoritative pronouncement" upon a limited issue of scope of legislative and executive powers of the Centre and the Delhi government on administrative services in the national capital territory.

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli passed its order on a plea by the Union government.

The bench directed its registry to place the matter before the CJI on administrative side for setting up the five-judge bench. It fixed the matter for consideration on May 11.

In 2018, a Constitution bench had ruled that police, land and public order are the domain of the Centre, and the rest is under the Delhi government. Both the Centre and Delhi government have repeatedly locked horns over control of several wings of administration in the capital city.

The Centre filed the application seeking to refer the matter to a constitution bench for a holistic interpretation of Article 239AA of the Constitution.

"The issues involve a substantial question of law requiring interpretation of a provision of the Constitution and the key issues involved in the present matter cannot be determined unless the same is decided by a constitution bench in terms of Article 145 (3) of the Constitution," the Centre's application read.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government, had submitted that once the Constitution bench decided the matter, there was no point in referring back to it as this would be contradictory to the doctrine of precedent.

In its order, the bench, however, said the Constitution bench of this court, while interpreting Article 239AA(3)(a) earlier, did not find any occasion to specifically interpret the impact of the wordings of the phrases, “in so far as any such matter is applicable to Union Territories” and “Subject to the provisions of this Constitution” with respect to Entry 41 in the State List.