NEW DELHI: The Supreme Court on Friday said a five-judge constitution bench will hear the dispute between Centre and Delhi government over who should have legislative and executive control over “services”, including bureaucrats’ selections and postings.
A bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli agreed with solicitor general Tushar Mehta’s contention that the earlier five-judge bench while interpreting scope and spread of Article 239AA, which created the legislative assembly for National Capital Territory of Delhi, did not deal with the crucial words of the provision having a bearing on the dispute, in its July 4, 2018 judgment.
Mehta had suggested that the matter be referred back to a five-judge bench for settlement of the dispute over whose domain “services” fell under. For Delhi government, senior advocate AM Singhvi had opposed reference to a five-judge bench, saying it would further delay a resolution and insisted on the three-judge bench ruling on the issue.