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Apr 12 26 tweets 4 min read
A #SupremeCourt bench headed by Chief Justice of India will shortly hear a plea by #Delhi government challenging the Government of NCT Delhi (Amendment) Act, 2021 on the ground that it gives more power to the LG over the elected government
SG Mehta appears for Union of India. He says a detailed affidavit has to be filed in a matter where notice was issued on 3rd of March. SG says it requires a detailed affidavit and consideration.
SG also says with reference to another matter there was a difference of opinion between the judges and it maybe listed before the constitution bench.
@DrAMSinghvi appearing for Delhi objects to this saying he will start. He says “Kindly allow me to open. He can reply next week. How does one expect one to run the government when there is a department to department difference.”
SG Tushar Mehta: Milords there is one writ petition of 2021, in which my detailed affidavit is not filed. So far as 301 is concerned where there was difference of Judicial opinion, whereas, it was referred to a larger bench. We have filed review of constitutional bench judgment
Mehta: For today there is a difficulty

Senior Advocate Abhishek Manu Singhvi appearing for the petitioner submits that, what is the problem in me submitting today and then he can file his reply.
What efficiency can you give to the Government.
SG Mehta: I would need two weeks time.

The bench has allowed ten days time to SG Mehta further 1 week to file rejoinder.
CJI: Now, let us hear the matter.
SG Mehta: Milords the matter was earlier listed and delisted and for today we were not aware of that.

CJI: We are not passing any orders, let us hear the other side.
SG Mehta: Milords my right to file an application to transfer this to a five judges bench can be considered. I can be more personal, it's not my nature, I'll go as an officer of Court. Your Lordships if possible may accomodate.
Singhvi: Milords, my first point is that I'm the NCT of Delhi, whether, I have the power to do postings and appointments of officers within various departments. Do I have this power or not?
Singhvi: These powers of transferring and posting etc were earlier always exercised by the NCT.
Singhvi: From 1992 to 2015 nobody had questioned the powers of NCT.
By the new notification Lt Governor has been given powers and the Chief Minister is reduced to a "may on his discretion obtain his views."
Handling of Police, Public Order and Land were already there but services has been added as if it was already there with the Lt. Governor or the Central Government, Singhvi added.
Singhvi submitted that Delhi is the only Constitutionally created legislature. All power of the State will be with Delhi except 3.
I want to understand that what will the council of ministers headed by the Chief Minister do if they are even not given powers to post or appoint their officers, Singhvi submits.
Milords, I had given a lecture some time ago that there is not even a single use of the word 'Federalism', yet the Supreme Court has said the it is the part of the basic structure of the world's 2nd or the 3rd largest Constitution of the world, Singhvi added.
Singhvi: This notification is not symphony but is a disharmony.
Singhvi: By the 72nd and the 73rd ammendment of the constitution, your Lordships had a revolution. That is all because of federalism and all because of decentralisation. But here there is no power to appoint atleast.
The bench will continue hearing the matter after lunch.
Singhvi: assuming against me, State government's law can be preceded by a Central Government law unless assented by parliament. But here there is no law.
List two, there has to be a law made by the parliament, there is no such law. A law not occupying the states power on services, the state can work under 42 where the parliament has made no law, Singhvi submits.
The question before your lordship is that do I have the powers under 41, suppose there is no other act can your Lordships not apply doctrine of incidental encroachment, Singhvi added.
Singhvi: That interpretation can't be given, for say we have notification for each then the state government will have no powers. I either have powers or not, Lordships will decide. If I have powers I can transfer officer from place to another, if I don't have power no question.
Singhvi: Subject to rejoinder I have made my submissions.

SG Mehta: These are not matters against individuals, this is over principal. I would be requesting your Lordships to consider to let this matter go before the constitution bench.
SG Mehta: He is arguing that there is no law, but I would seek liberty to argue on the act

CJI Ramana: Mr Singhvi do you have any objection.

Singhvi: not at all Milords, but why should your lordships not hear this matter because your Lordships are yet to hear another matter.
Singhvi: I'll file a reply in that petition, what is the prejudice for my friend that this cannot be heard side by side.

CJI Ramana: We had given you time that you wanted in the morning.

Mehta: Your Lordships can it be 27th.

CJI Ramana: Yes Alright. 27 April.

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