New Delhi: The AAM AAM Party Government Aadmi on Tuesday renewed efforts to continue the unfinished struggle with the ‘Service’ center to Wrest ‘services’ in Delhi and asked the Supreme Court for the initial week of notice in May 2015 Union took over ‘services’, even though this became part of List of countries in the constitution.
Appearing for the Government of Delhi, senior advocate Rahul Mehra asked the bench headed by the chairman of Judge N V Ramana that the center continued to use administrative control over service, causing grave barriers to Delhi governance.
Cji said he would form a three-judge bench for this purpose after Diwali to continue hearing, which was jammed because of the outbreak of Covid-19 pandemic.
The last case was heard in January 2020.
The core question involved in the petition that was delayed was whether the ‘service’ could be maintained to enter 41 of the list II of the seventh constitutional schedule, which relates to the State Public Service Commission, located within the legislative and executive domains Delhi and if the center can control as done through the Indian Government Notification on May 21, 2015.
The central government’s notification has led to the ugly Turf War between Lieutenant Governor Delhi and the AAP Government led by Arvind Kejriwal, with former nipples in almost every administrative decision taken by Delhi government.
In accordance with Delhi’s creation as a country based on article 239 and 239AA, land, police and public order, which is usually a vest with the state government, maintained with the center.
Meanwhile, the parliament passed the NCT law from Delhi (amendment), 2021, which gave the center “clarifying” the role of LG.
Part of the law was opposed by the Party and the AAM AADMI Congress.
The law stated that the expression of the ‘Delhi Government’ means that the Governor of Lieutenant, which basically means that the office nod will be needed for some decisions that may be taken by the state government.
The Kejriawal government has challenged the 2015 notice in the Delhi High Court, which in his assessment on August 4, 2016 has decided that Delhi continues to be a union area even though Article 239AA and LG approval is mandatory for the implementation of all the administrative decisions of the Council of Ministers to CM.
Appeal, a five-judge Suprem court bench on July 4, 2018 has decided that LG is bound by the assistance and advice of the council of the minister led by CM on all things where the Delhi assembly has legislative jurisdiction.
However, the decision about whether the ‘service’ rested with the Delhi government was allowed to be decided by two judges.
The two judges on February 4, 2019 have decided that Delhi enjoys a unique position as an area of ​​the United States and also the state but restores conflicting opinions.
The problem was then called the three judges, the last heard this problem in January 2020 but a pandemic broke and the need for physical hearing on complex constitutional problems had delayed the trial of almost two years.