Lawstreet Journal

CJI NV Ramana led bench to hear a plea by Delhi government challenging the Government of NCT Delhi (Amendment) Act, 2021

Lawstreet Journal 27 Apr 2022 9:00pm

Image courtesy: Lawstreet Journal Judiciary CJI NV Ramana led bench to hear a plea by Delhi government challenging the Government of NCT Delhi (Amendment) Act, 2021

CJI NV Ramana led bench to hear a plea by Delhi government challenging the Government of NCT Delhi (Amendment) Act, 2021 over the issue of administrative services

SG Tushar Mehta: By way of a preface, this court is aware that article 239 AA was inserted after the constitution was framed. Initially there was concept of state were in class A, B etc. Delhi was class C state. Legislature wanted to do something

SG: World looks at Delhi as it looks at India. All ambassadors etc are also located here. Before inserting 239 AA there was a study undertaken related to different states and capital. there was bal krishnan commission DelhiGovtvsLG

SG: Parliament had discussed the report and debates of parliament has the same sanctity as the constituent debates. Bal Krishnan report will show what the parliamentarians wanted when 239 AA was introduced.

SG: Constitution bench had decided the case of 239AA and then on some questions two judge bench heard and then it was referred to a 3 judge bench.

SG: mandate the commission was given showed that this was not a matter of one political party vs the other. It showed how capital was admistered and the national and international obligations.

CJI: We are not disputing all of this. But now you are going back .. so then refer to the power of assembly

SG: When a constitutional provision is interpreted then we have to refer to constituent assembly debates/ this was a huge domain exercise

CJI: After the 5 judge bench judgment there is no need… Continue Reading...


Tagged: Supreme Court of India  
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