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Centre may File Review Plea Over SC’s Delhi Ruling

July 12, 2018 06:28 AM


Centre may File Review Plea Over SC’s Delhi Ruling
Government likely to raise the point that the verdict will weaken the federal structure

New Delhi:

The Centre is likely to urge the Supreme Court to review its last week’s judgment on the power tussle between Delhi’s Aam Aadmi Party (AAP) government and LG.

People with knowledge of the matter told ET that the central government is talking to legal experts to prepare its argument. In its review petition, the government is likely to raise the point that the current verdict will weaken the federal structure, people cited above said, and that Delhi is a special and sensitive area.

The Centre is also likely to bring to SC’s notice the decisions taken by LG, contending that contrary to the assertions no decision was “delayed” by LG. “Final decision will be taken after weighing in all the legal opinions. It needs to be appreciated that in the current format the verdict will weaken the federal structure,” said a senior government official.

SC in its verdict had clarified that LG had no independent decisionmaking power and cannot behave as an obstructionist when the Constitution gives primacy to the representative form of government. It further held that except for three issues, including land and law and order, over which the Centre has exclusive power, Delhi government must be allowed to legislate and govern on other issues and that LG cannot stall decisions mechanically.

SC had clarified that in case of a difference of opinion, LG must record reasons of dissent in writing and refer the dispute to the President. The decision of the President will be final, the court had said.

Incidentally, Union ministers had maintained after the verdict that the ruling was not in favour of AAP and that the Delhi government had no reason to celebrate.

As the stalemate between AAP and LG continues even after the verdict, Delhi government has already moved the court with a plea to fast-track hearing on all pending matters. After interpreting the constitutional powers of LG, SC’s Constitution bench had left it to the regular bench to adjudicate all pending appeals, including the one on “services

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