SC to examine validity of amended GNCTD Act, seeks Centre's reply

New Delhi: The Supreme Court Thursday decided to examine the Constitutional validity of the amended GNCTD Act, 2021 and the Transaction of Business Rules, which allegedly give more powers to Lieutenant Governor, and sought the Centre's response on the Delhi government's plea.

The Delhi government, in its plea through Deputy Chief Minister Manish Sisodia, has sought quashing of the four amended sections of the Government of National Capital Territory of Delhi (GNCTD) Act and 13 Rules of the Transaction of Business of the GNCTD Rules, 1993 on various grounds such as they violate the doctrine of basic structure, separation of power as the LG has been bestowed with more authority.

A bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli asked the counsel for the Centre to file the reply within four weeks.

The bench also said that a three-judge bench will hear on April 6 the another plea on the contentious issue of who should control administrative services in Delhi, the dispute which arose from a 2019 split verdict.

On February 14, 2019, a two judge-bench of Justices A K Sikri and Ashok Bhushan, both retired now, recommended to the Chief Justice of India that a three-judge bench be set up to finally decide the issue of control of services in the national Capital in view of its split verdict.

Justice Bhushan had ruled that the Delhi government has no power at all over administrative services.

Justice Sikri, however, made a distinction. He said the transfer or posting of officers in top echelons of the bureaucracy (joint director and above) can only be done by the central government and the Lieutenant Governor's view would prevail in case of a difference of opinion for matters relating to other bureaucrats.

At the outset, senior advocate A M Singhvi, appearing for the AAP government, said that governance for the elected government has been difficult as it does not have the power on transfer of officers.

Additional Solicitor General Sanjay Jain, appearing for the Centre, said the issue pertaining to some aspects of Article 239AA (special provision with respect to Delhi) needed re-consideration by a Constitution bench.

The court said it would set up a three-judge bench for hearing the case on April 6.

The fresh plea filed through the deputy chief minister of Delhi, on which the notice was issued, has said the amended GNCTD Act and the Transaction of Business Rules have disenfranchised Delhiites, and violated the principle of federalism by diminishing the constitutionally guaranteed powers and functions of the elected legislative assembly and the council of ministers and sought their quashing.

In the 2018 judgement, a five-judge Constitution bench had unanimously held that the Lieutenant Governor of Delhi is bound by the aid and advice of the elected government and both needed to work harmoniously with each other.