Supreme Court said it would not deal with issues arising out of individual notifications. (File photo)
The Supreme Court, hearing pleas on whether the Lieutenant Governor or the Delhi government enjoyed supremacy in administration, today said it would only lay down the principles on the status of the national capital under the Constitution.
A five-judge Constitution bench headed by Chief Justice Dipak Misra said it would not deal with the issues arising out of individual notifications issued by the Delhi government on matters like the '
mohalla clinics' and regularisation of guest teachers.
"We must lay down guidelines as to what the Constitution has provided to them (the Lieutenant Governor and the Delhi government)," the bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, said.
The observation was made when Additional Solicitor General (ASG) Maninder Singh, arguing on behalf of the Centre, referred to various notifications of the Arvind Kejriwal-led Delhi government to buttress his submission that these were issued in violation of the prescribed norms.
"We are not going to deal with as to whether a particular notification was ultra-vires or illegal. We are not going to decide the individual challenges to those notifications. We will decide as to what is the status of Delhi and what kind of state is this," the top court observed.
It said the issues of individual notification may be referred to a bench of two or three judges after the constitution bench lays down the principles or guidelines on the dispute.
At the outset, the ASG referred to several decisions taken by the AAP government on issues like 'mohalla clinics', regularisation of guest teachers and posting of Bihar officials in its Anti-Corruption Branch (ACB).
"Even if Delhi government has vertical and exclusive executive powers, it cannot take such decisions," he said, adding "the ACB is a police station which works under the LG. When it is working under the LG, then under which exclusive executive power you can bring officers from Bihar".
A bill to regularise guest teachers was brought without it being dealt with by the law department and this was the "constitutional statesmanship" shown by the Delhi government, Singh said in a sarcastic tone.
He then referred to a decision of the Arvind Kejriwal government to declare a bungalow allocated to its minister, as the office of the ruling Aam Admi Party.
"Of course, they are entitled to a party office. The land was earmarked for this purpose at Saket. Still they, on their own, decided to give the minister's residence to the party," he said.
The ASG, while concluding his submissions, said DANICS (the NCT of Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra and Nagar Haveli Civil Service) is a group civil service of the Centre but still Delhi government took the decisions.
The bench dispelled the apprehensions of the Centre that it would deal with specific notifications of Delhi government.