New Delhi: The Supreme Court has referred to a Constitution Bench a batch of pleas filed by the Delhi government against the high court verdict which had held that the national capital is not a state and the Lieutenant Governor (LG) is its administrative head.
A bench, comprising Justices AK Sikri and RK Agrawal, said important questions of law and the Constitution are involved in the matter and it should be adjudicated upon by a Constitution Bench. However, it did not frame the questions to be deliberated upon by the larger bench, to be set up by Chief Justice JS Khehar, in the matter.
The Aam Aadmi Party government had, earlier, told the apex court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these.
The apex court had, however, said it is correct that the elected government should have some powers but whether it will be as per the Delhi High Court verdict or as it is being perceived by the Delhi government needed to be looked into.
In September last year, the apex court had refused to grant an interim stay on the Delhi High Court’s August verdict.