SC to commence hearing on Delhi govt's plea challenging LG's primacy over elected govt

New Delhi: The Supreme Court is likely to commence hearing on Thursday on Delhi government’s appeal challenging Delhi High Court verdict holding that the Lt Governor had the primacy over the elected government in the administration of the national capital.

The constitution bench comprising Chief Justice Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, said that the hearing on the Aam Aadmi Party government’s plea on its powers would commence on Thursday.

The court said this soon after it reserved order on the question whether the courts could look into and rely upon the report of the parliamentary committee for deciding an issue before them.

Senior counsel P Chidambram, Gopal Subramanium and Indira Jaising will appear for AAP government in the matter.

The bench of Justice Sikri and Justice RK Agrawal had on 15 February referred to the constitution bench a batch of petitions filed by the Delhi government over conflict with the Union government over the powers of the elected government to administer the national capital.

While not framing the questions to be adjudicated by the Constitution Bench, the court had on 15 February asked both the Union government and the Arvind Kejriwal government to argue their respective cases before the larger bench.

The Delhi government, through a batch of petitions, has challenged a Delhi High Court verdict that upheld the primacy of the Lt Governor in the governance of the national capital, contending that the elected government can’t be treated subservient to an overriding authority of the Lt Governor.

The hearing by the two judge bench on Delhi government’s appeals had seen the court favouring a balance in the exercise of powers by the Delhi government and the Lt. Governor for good governance.

Delhi was given an assembly and an elected government through Article 239 (AA) incorporated in the Constitution by the 69th amendment in 1991.