New Delhi: On January 18, a new twist came in the ongoing hearing in the Supreme Court between the Delhi Government and the Central Government regarding the transfer-posting of administrative officers. The Center has now sought to refer the matter to a larger bench. The bench headed by CJI DY Chandrachud was also taken aback by this demand of the Centre. At present, the hearing of this matter is being done by a constitutional bench of 5 judges of the Supreme Court. In which, apart from Chief Justice (CJI) Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha are included.
According to the report, during the hearing of the case on Wednesday (January 18), Solicitor General (SG) Tushar Mehta, appearing for the Central Government, asked to refer to the decision given by the Constitution Bench of the apex court in the year 2018 that, In which the Bench interpreted Article 239AA of the Constitution and laid down the powers of the Delhi Government. That bench consisted of 9 judges. When the hearing on the matter began in the Supreme Court on Wednesday, Solicitor General (SG) Tushar Mehta sought a note giving the reference. On this demand of his, the bench hearing the case was also surprised. CJI Chandrachud said that 'the reference was never discussed in the case. Now the final hearing is going on. Singhvi ji would have finished the debate yesterday itself, how can you debate on the reference now?'
On this, SG Tushar Mehta said that the framework of federalism between the central government and the states needs to be reconsidered, which is why this reference has been made. On this, CJI Chandrachud said that 'if it was a matter of reference, we would have looked at the matter in a different way. It was not covered in any debate.' On the other hand, Congress MP and lawyer by profession Abhishek Manu Singhvi, appearing on behalf of the Aam Aadmi Party (AAP) government of Delhi, opposed the demand of the central government, saying that the matter came before the division bench at least 10 times in a year. But then the reference was not mentioned even once. To which, Tushar Mehta said that I spoke on its points without mentioning the reference during the debate.
National capital cannot be handed over to anarchy:-
SG Tushar Mehta said that we would not like to be remembered as the person who handed over the national capital to anarchy. He said that we are talking about the capital of the country here. Our friends seem to be in a bit of a hurry, but we don't want to be remembered as the guy who threw the nation's capital into anarchy.
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