The Supreme Court today said that the Constitution bench which will be hearing the dispute between the Central and Delhi governments will be a “complete green bench meaning that it would not use any physical papers, documents, or pleading.
The bench which headed by Justice DY Chandrachud also comprised of Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha told this in an open court on Wednesday while listing the case on September 27 for hearing.
Justice Chandrachud said “This will be a complete green bench and there will be no papers in this matter”.
The bench was hearing the dispute between the Central and Delhi governments as to who shall have the administrative control over the transfers and postings of officers in Delhi.
The Delhi government claims that is that the officers are continuing to act on the orders of the Central government through the Lieutenant Governor (LG), whereas the elected government of Delhi has been excluded by the Central government from exercising any administrative control over the important bureaucrats and officers.
The Constitution Bench in 2018, had interpreted Article 239AA of the Constitution, which gives special contains special provisions for the National Capital Territory.
The debate on the peculiar status of the NCT and the powers of the Delhi Legislative Assembly and the LG and their interplay was taken up then.
The Court in their order had clearly mentioned that in the LG cannot act independently without the aid and advice of the Council of Ministers, and has to work harmoniously with the NCT government.
The appeals related to individual aspects including services were then placed before a regular Bench for adjudication based on the Constitution Bench judgment.
On April 14, 2019,the regular bench in its verdict said that there are various individual aspects relating to the tussle between the Delhi government and the LG.
The two judges on the bench Justice AK Sikri and Justice Ashok Bhushan had differed on the issue of ‘services’ under Schedule VII, List II, Entry 41 of the Constitution of India
As the judges of the bench had differed, the matter was referred to a larger Bench of three-judges.
The three-judge bench then referred the matter to the Constitution Bench on Centre’s request.
The reason for referring it to a five-judge bench was that the majority judgment of the Constitution Bench did not consider purpose and intent of the expression as it occurs in Article 239AA(3) of the Constitution, which is the pivotal and crucial aspect of the said provision.
Justice Chandrachud reminded everyone again that the bench is green.
Justice DY Chandrachud also said “The secretary and the IT head said that they are willing to train the seniors on how to use technology on Saturdays. But please do not keep papers in this court. So apart from hearing, please let us know if you all need the training, we will organise this.”
The bench also requested for not circulating any paper compilation in this regard.
Justice MR Shah pitched in and said “We also got training (to a hesitant counsel). It has to start some time“.
The Court then passed an order listing the case for directions on September 27.
The Bench has clarified that in the meantime the proceedings before Chief Justice of India-led constitution bench are likely to conclude.
The bench has added that in case the hearing in CJI takes time, this matter shall be listed on October 11.