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The Solicitor General of India, Tushar Mehta while arguing before the Supreme Court in the Delhi Government's plea challenging amendments in sections of the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ submitted that, "When the capitals are well managed, Countries are known by the name of its Capital. We all know London."

Mehta said that the issue should not be a matter of one political party vs another, rather should be guided by the capital of this nation & how it would ensure its obligation.

A bench of the Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohli was considering the issue of referring the matter to a constitutional bench.

The Delhi Government has averred before Top Court that the Centre, through its amendments, has, “given more power to the Lieutenant Governor than the elected government of the people of Delhi” according to a press release in the public domain.

Thereby, it has challenged the constitutional validity of Sections 21, 24, 33, 44 of the Government of National Capital Territory of Delhi Act, 1991 and Rules 3, 6A, 10, 14, 15, 19, 22, 23, 25, 47A, 49, 52 and 57 of Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

Mehta submitted before the bench that the Legislature was willing to do something in Delhi as it is capital territory. "The world looks at Delhi as they look at India," he said.

Whereas, the Balakrishnan committee was appointed for the purpose of study over the issue, and its report was discussed & debated in the Parliament before the amendment.

"The parliament also considered that there are several capital countries and it was seen how other capitals are managed. When the capitals are well managed, Countries are known by the name of its Capital. We all know London," Mehta added.

However, the bench asked Mehta to argue on the application filed seeking the matter to be transferred to a Constitutional Bench.

Dealing with the issue of referring the matter to a constitutional bench, Mehta submitted that, "Justice Bhushan in its judgment opined that the power of the legislative assembly to make legislation in Delhi is enumerated in the State list. The ld judge has said that the Constitutional bench has not gone into the issue of 239 AA."

Both the judges orally opined that this needs to go to a larger bench. Ld Judge has said that this has been touched by 2 judges but not by the 3 judges, Mehta submitted.

Whereas, Senior Advocate Abhishek Manu Singhvi appearing for the Delhi government submitted that it is unfortunate that the Central Government has taken 2 to 3 days just to argue why the matter should not be heard by this bench. "This is delaying tactics," he said.

"Balakrishnan Committee report I had already argued in the opening that it had been rejected," Singhvi added.

However, the bench has posted the matter for further hearing on April 28, 2022.

Earlier, the bench had agreed for the urgent listing of the matter.

Background

The Delhi Government in its petition has stated that, "the amendments by the Centre are an attempt to treat the LG as the ‘default administering authority over the NCT of Delhi’, by equating the position of the LG with that of the “government”, by authorising the LG to withhold consent from bills that, in his judgment, may be “incidentally” outside the scope of legislative assembly’s legislative powers, and by empowering the LG to interfere in the day-to-day administration of the Delhi Government by introducing the requirement of obtaining the LGs views before executing a decision of the Council of Ministers.”

It has been further stated that the new laws encroach on the scope of the Delhi Legislative Assembly’s core legislative functions by interfering with the power of the Assembly to frame its own rules of business or to hold the Government to account, a core function of any legislature.

“Centre disenfranchised the people of Delhi, and violated their political rights under the Constitution,” stated the plea.

“On 15th March 2021, the Central Government introduced the GNCTD Act Amendment Bill in the Lok Sabha; this bill received the assent of the President and became the Government of National Capital Territory of Delhi (Amendment) Act 2021, on 28th March 2021,” contended the AAP government in their plea.

The Delhi Government has contended in the petition, “that amended sections of the GNCTD Act diminish the constitutionally guaranteed powers and functions of the elected legislative assembly and council of ministers of Delhi; overturn the constitutionally stipulated balance between the Delhi Government and the Union Government; and overrule the judgment of the Constitution Bench of the Supreme Court in Government of NCT of Delhi v Union of India, (2018)”.

The plea further averred that it is, the Centre’s attempt to treat the LG as the ‘default administering authority over the NCT of Delhi’.

Cause Title: GNCTD Vs. Union of India