Special Bench To Hear Pleas To Deposit Banned Notes, Says Supreme Court

Casey Dawson
November 4, 2017

A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said that besides raising their grievance, the petitioners could also assist the court in the adjudication of the challenge to the constitutional validity of the demonetisation decision.

The Delhi government on 31 August 2016 appealed against the Delhi high court order, declaring the L-G as the administrative head of the state.

Pushing for more power for the state government in areas of public order and land, he said, "I am not questioning parliamentary supremacy but an elected government can not be sans power".

The apex court on Thursday commenced a crucial hearing to determine whether the elected government or the Lieutenant Governor enjoys supremacy in administration of the Union Territory of Delhi, observing that the constitutional scheme was prima facie tilted in favour of LG.

As Subramanium sought to blame Lt. Governor for creating hurdles in the functioning of Delhi government, Justice Chandrachud said that every government has to function within the parameters of the constitution and the Article 239AA defines the powers of Delhi government and Union Territory.

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The Supreme Court's observations came while hearing the AAP government's petition challenging Delhi High Court's order that ruled the Lieutenant Governor was the national capital's administrator. The L-G, he added, was holding meeting separately with the officials without ministers.

He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi.

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

"More than 1.14 lakh vacancies are there, but I can not fill it up and have to seek LG's permission". The existence of the LG in administrative issues was "mandatory" mentioned the apex court and the AAP government will have to adopt in the framework. "Yes, that has to be genuine", the bench said.

He said the Delhi High Court had said that LG will not be bound with the aid and advice of council of ministers and he is the administrative head.

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