Special Bench To Hear Pleas To Deposit Banned Notes, Says Supreme Court

Trevor Jackson
November 5, 2017

However, it did add that they will not be prosecuted only for the amount mentioned in their petitions.

During the hearing, Mr Subramaniam told the bench that "an elected government can not be without any power".

The city government had on February 2 told the apex court that it has exclusive executive powers in relation to matters falling within the purview of the Legislative Assembly and neither the Centre nor the President or the LG can encroach upon these. There were also some grey areas where the Delhi government had no footprints.

Justice Chandrachud said that the President exercises his administrative control over Union Territory through Lt Governor, and if there are specific instances of excesses, then the court can address them.

He said the challenge is to Article 239 AA by virtue of which special status is accorded to Delhi.

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Prime Minister Narendra Modi had on 8 November previous year announced that Rs500 and Rs1,000 notes would no longer be legal tender from the next day. Prima facie it appears that it gives more power to Lieutenant Governor, unlike other Union Territories.

"We think it appropriate that the writ petitioners shall file interlocutory pleas in the pending writ petition...before the Constitution bench", the apex court bench said.

A five-judge Constitution bench of Chief Justice Dipak Misra and Justices A.K. Sikri, A.M. Kanwilkar, D.Y. Chandrachud and Ashok Bhushan, made this preliminary observation when senior lawyer Gopal Subramaniam, representing the AAP government, argued that the L-G had created a situation where no bureaucrat is obeying directions of ministers and chief minister Arvind Kejriwal. Mr Subramanium argued that a harmonious interpretation of Article 239AA was needed to fulfil constitutional mandate for a democratic elected government in Delhi.

The hearing by the two judge bench on Delhi government's appeals had seen the court favouring a balance in the exercise of powers by the Delhi government and the Lt. Governor for good governance.

Hearing will continue on November 7.

Other reports by TheDailyFarc

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