15 Dec 2023 10:29 AM GMT
The Supreme Court today (15.12.2023) remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Delhi Commission of Protection of Child Rights (DCPCR) over the alleged freezing of its funds by the Union Government.
Just yesterday, the Apex Court had directed a petition filed by the Delhi Government challenging the re-operationalisation of the Bus Marshal Scheme to be instituted before the Delhi High Court. The bench had stated that it was already dealing with the constitutional matters and that not all matters between the Delhi Government and the LG of Delhi should be adjudicated upon by the Supreme Court.
Reiterating that the Supreme Court is primarily concerned with adjudicating upon the broader constitutional issues, the CJI told Senior Advocate Gopal Sankaranarayanan, “Mr. Sankaranarayanan, whats happening is, every dispute all in sundry between the Government of the NCT of Delhi and the Lt. Governor is coming here as a 226 petition. It's (the court) to entertain some broader constitutional issues, now it must go to the High Court. Everything between the Govt. and the Lt. Governor is coming here every two days. Yesterday Bus Marshal's scheme was discontinued, we get a petition under 32.”
Sankaranarayanan explained that the Commission functions independently of the Delhi Government. He expressed, “You conduct whatever you want but don't freeze our money! How can 6 million children of the state be told that not a penny is going to come to the commission? …..they freeze everything that the Delhi government is doing. But, I am an independent commission, I am required by the Parliament to function independently…”
The CJI again emphasized that such matters are to be aptly dealt with by the High Court, he asked “Why are you bucking the Delhi High Court?”
The Court thereafter passed an order, directing the registry to transfer the proceedings to the Delhi High Court and number the same as Article 226 Petition.
Case Title: DELHI COMMISSION FOR PROTECTION OF CHILD RIGHTS vs. LIEUTENANT GOVERNOR, NCT OF DELHI THROUGH PRINCIPAL SECRETARY W.P.(C) No. 001372 - / 2023