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Legal News 13 January 2023

Supreme Court of questions center over requirement of elected Government in Delhi

Delhi's need for an elected administration was questioned by the Supreme Court of India. After the center claimed that the union areas are an extension of the union, which intends to administer them. 

The five-judge constitution bench headed by CJI DY Chandrachud, while hearing for a continuous third day on the Centre-Delhi government conflict for the control of services. Solicitor General Tushar Mehta, who appeared for the central government, Stated that Delhi being the national capital has a 'unique status'. Supreme Court asked him "See Article 162 of the Constitution. See the proviso to Article 162.....So if a subject is allotted exclusively to the state under list 1, does the state exercise executive control over it?"

Also Read: Supreme Court Latest Updates 

Based on the Constitution Bench's ruling, appeals regarding specific elements, such as services, were subsequently brought before a normal Bench for decision-making. Due to the differences between the judges on the bench, the issue was referred to a bigger Bench and heard by a three-judge bench. Tis is to be noted that the Delhi Legislative Assembly has the authority to enact laws on topics listed in the State List or the Concurrent List, according to Sub Article 3 (a) of Article 239AA (which deals with Delhi's status and powers under the Constitution).

The hearing will resume on January 17, Tuesday, with anticipation of matter being concluded on that day 

Also Read: Supreme Court five-judge bench said “there is ‘maryada’ in the jurisdiction”

 

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