New Delhi: The Supreme Court on Friday referred the ongoing power struggle between the Centre and the Delhi government over the control of bureaucrats in the country's capital, Delhi, to a Constitution bench. A bench headed by Chief Justice of India (CJI) N V Ramana made it clear that a five-judge bench will decide on a limited issue related to the "administrative services" in Delhi and no other important issue regarding the interpretation of Article 239AA will be decided afresh.
Article 239AA of the Constitution clarifies the legislative and executive powers of the Delhi government. This article clearly states that three subjects, namely land, police and public order, shall remain under the central government in the capital. A bench of CJI N V Ramana, Justice Surya Kant and Justice Hima Kohli said that the matter will be heard next on May 11. The Centre had urged a fresh decision by a Constitution bench to set the boundaries of the Aam Aadmi Party (AAP) government in Delhi. The Central government asked the Supreme Court to refer the issue to a Constitution bench under whose control the administrative services in Delhi will remain.
In a written note filed in the Supreme Court, the Centre said that a reading of the 2017 order, which referred to the Constitution Bench, could show that all aspects of Article 239AA would need to be interpreted. The central government said, "The Union of India had requested to refer the matter to the Constitution Bench.''
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