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Wednesday, July 12, 2017

Delhi AAP Govt -Lt Governor Tussle - Supreme Court of India(SCI) to Set up 5-judge Constitution Bench Tuesday July 11,2017

A Supreme Court of India(SCI)Bench led by Chief Justice JS Khehar on Tuesday July 11,2017 stated that it would consider setting up a five-judge constitution bench to decide AAP government’s batch of appeals challenging the high court verdict which had held the lieutenant governor as the administrative head of the national territory.

"We will post it and consider setting up of the bench," a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said when senior advocate Gopal Subramanium, representing the Delhi government, mentioned the matters for early adjudication.

Subramanium said a two-judge bench had earlier referred the appeals to a constitution bench which is to be set up.

The SCI Bench, which assured Subramanium that it would set up the bench, also said, "...this is a very difficult and complicated problem. However we will do it".

Earlier on February 2, the Delhi government had submitted before the apex court that it had exclusive executive powers in relation to matters which were under the purview of the legislative assembly and no one including the Central government, President of India or the LG could curtail them.

SCI on an earlier occasion in December last year had observed that the Delhi government should have some powers else it would be difficult for them to function.

The top court in February had said that important questions of law and the Constitution are involved in the matter and it should be adjudicated upon by a Constitution Bench.

However, it did not frame questions to be deliberated upon by the Constitution bench in the matter and had asked the Centre and the Delhi government to argue their case before the larger bench.

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