Thread by @LiveLawIndia

#SupremeCourt to deliver judgment today in the dispute between Delhi Government and the Lieutenant Governor regarding who has the power to control civil servants in the national capital.

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#DelhiGovernment #ArvindKejriwal #SupremeCourtofIndia

A Constitution Bench led by CJI DY Chandrachud will deliver the verdict. It is a unanimous decision by the bench. The judgment is authored by CJI.

The bench will assemble after 10.30 AM.

#DelhiGovtvsLG #SupremeCourtofIndia

Full court reference to honour former CJI AM Ahmadi, who passed away recently, is going on now.

After that, the Constitution Bench will assemble to pronounce judgment in the Delhi Govt- LG dispute.

#DelhiGovtvsLG #SupremeCourtofIndia

Full Court reference is over.

CJI says that the normal court procedure will commence at 11.30 AM.

It means the Constitution Bench will assemble to pronounce the judgment at 11.30 AM.

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Bench assembles.

CJI DY Chandrachud reading out the judgment : It is a unanimous judgment.

#DelhiGovtvsLG #SupremeCourtofIndia #SupremeCourt

CJI DY Chandrachud : This case deals with the asymmteric model of federal governance in the country. The issue is who will have the power to control administrative services in Delhi, whether the Delhi Govt or the LG, representing the Union Govt.

#DelhiGovtvsLG… twitter.com/i/web/status/1…

CJI DY Chandrachud : The limited issue is whether Union Govt has legislative or executive power over "services".

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : We are unable to agree with Justice Ashok Bhushan in the 2019 split verdict.

#SupremeCourt #DelhiGovtvsLG

BREAKING| Supreme Court holds that it does not agree with Justice Bhushan's judgment that Delhi Govt has no power at all over services.

#SupremeCourt #DelhiGovtvsLG

CJI : Article 239A(3)(A)(a) does not confer multiple safeguards to ensure that the interests of Union Govt are protected. It provides GNCTD legislature has no power to deal with entries 1, 2 and 8 of list 2.

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : Article 239AA stipulates legislative power of Delhi Govt is excluded with respect to specified lists. entries 1, 2 and 18 of list 2(public order, police and land).

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : The legislative structure is to exclude only specified entries from the power of the legislative assembly of GNCTD.

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : The legislative assembly of NCTD embodies the principle of representative democracy. They are elected members. Article 239AA must be interpreted in a manner to further the interest of representative democracy.

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : The phrase "in so far as" in Article 239AA cannot be interpreted in a restrictive manner. Article 239AA establishes legislative assembly of NCTD. It is selected by electorate of Delhi

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : Delhi assembly is given powers to legislate to represent the will of the people.

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CJI DY Chandrachud : The principle of democracy and federalism form a part of basic structure. Federalism ensures survival of diverse interests and accommodate diverse needs.

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CJI DY Chandrachud : While NCTD is not a full fledged state, yet it is empowered to legislate under list 2 and 3.

Article 239AA created a federal govt and this is a asymmetric federal model

CJI : While NCTD is a UT, it remains a federal entity.

#SupremeCourt #DelhiGovtVsLG

CJI DY Chandrachud : It has to be ensured that governance of states is not taken over by the union.

#SupremeCourt #DelhiGovtVsLG

CJI DY Chandrachud : Executive power of NCTD extends to all entries on which it has power to legislate.
#SupremeCourt #DelhiGovtVsLG

CJI : The executive power of union in a state over matters on which both union and states can legislate is limited to ensure that governance of state is not taken over by the union. This would completely abrogate the federal system of governance and the principle of… twitter.com/i/web/status/1…

CJI : In a democratic form of govt, real power of administration must rest on the elected arm of the government.

#SupremeCourt #DelhiGovtvsLG

CJI DY Chandrachud : If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant.

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