Institute of Legal and Management Studies

The Supreme Court on Friday (May 23) allowed the Delhi Government to withdraw seven pleas filed during the term of the previous AAP-led Government against the Union Government and the Lieutenant Governor over several administrative issues.

A bench of Chief Justice B R Gavai and Justice Augustine George Masih permitted the withdrawal of pleas.

ASG Aishwarya Bhati, appearing for the Delhi Government, submitted that the newly formed government has now decided to withdraw the pleas. She said, "These matters should not trouble this court anymore".

Notably, there were seven cases filed by the former AAP-led government. These cases included issues like control over services in Delhi, the powers of the Lieutenant Governor in committees, and the legality of Central amendment on services law.

It may be noted that in May 2023, a 5-judge Constitution Bench led by then CJI, Justice DY Chandrachud, held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.

Later, the Union Government brought an Ordinance to dilute the effect of this judgment, which was challenged by the Delhi Government.

In July 2023, the Court referred the Delhi Government's petition challenging the Government of National Capital Territory (Amendment) Ordinance 2023(now Act) to a 5-judge Constitution Bench. The Ordinance was replaced by the Government of NCT of Delhi (Amendment) Act 2023 passed by the Parliament in August 2023.

Amongst the 7 pleas which have been withdrawn, the plea challenging the Amendment Act of 2023 is one of them. Other pleas also include (1) Delhi Govt's appeal against a National Green Tribunal order which appointed the Delhi Lieutenant Governor as Head of the Solid Waste Monitoring Committee;

(2) writ petition filed by the GNCTD alleging that its own Finance Department was withholding the funds due to the Delhi Jal Board, which were approved by the legislature;

Case Details :

(1) GOVERNMENT OF NCT OF DELHI Versus OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI| W.P.(C) No. 452/2023

(2)GOVT. OF NCT OF DELHI Versus ASHWANI YADAV| C.A. No. 4402/2023

(3) GOVERNMENT OF NCT OF DELHI Versus UNION OF INDIA AND ORS.| W.P.(C) No. 669/2023

(4) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Versus UNION OF INDIA AND ORS.| W.P.(C) No. 678/2023

(5) GOVERNMENT OF NCT OF DELHI Versus UNION OF INDIA AND ORS| W.P.(C) No. 140/2024

(6) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Versus OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI AND ORS.| W.P.(C) No. 197/2024

(7)GOVT. OF NCT OF DELHI Versus OFFICE OF THE LIEUTENANT GOVERNOR OF DELHI AND ANR.|C.A. No. 5388/2023