SupremeCourt special bench headed by CJI NV Ramana is hearing Delhi Government's plea challenging Constitutional validity of Government of NCT of Delhi (Amendment) Act 2021,which increased powers of Delhi Lieutenant Governor over elected Govt
Sr Adv AM Singhvi: Issue contextually is, Can Delhi transfer post ABC belonging to Central services. Point two is, impugned notification after decades of Govt of NCT, for decades NCT has passed laws notifications for this purpose.
Singhvi: No body had idea to issue notifications like one now issued and challenged herein.
Sr Adv Singhvi: this notification is like a smuggling in a new head. Lt Gov will become centre for services also provided the Lt Gov obtains the views of Chief Minister of a state regarding services. So CM of a constitutionally elected govt is reduced to views
CJI: ....against officers, functionaries of Central govt ?
Singhvi: Delhi has stated ACB will investigate charges against Central govt functionary. Thereafter this was brought in.
CJI: So out of land, police and services, you are concerned about only services here
Singhvi: Then is Article 239AA.
Singhvi: 3 of these provisions and powers was always with LG, police, law and order and land. Services now it seems to suggest that it was always with the central govt.
ASG Sanjay Jain: This notification has been upheld by the division bench of Delhi HC
Singhvi: that is why here it is before 3 judges. We are arguing it fully
Singhvi: For Delhi a constitutional amendment was made. Delhi is a hybrid which is inclined more towards a state apart from the three areas of land, public order and police.
What does the Delhi govt do if it cannot even transfer officers within its own control. Perhaps he is a king without a kingdom!: Dr. Singhvi
