New Delhi, July 8
The Supreme Court on Friday refused
to entertain a Delhi government plea that the High Court be asked to first
decide the preliminary issue as to whether it has the jurisdiction over
disputes between the Centre and the state or is it “exclusively” triable by the
apex court.
The apex court also asked the Delhi
government, which had moved the High Court seeking judgment on the scope of its
powers under Article 239 AA of the Constitution, to approach it only after the
Delhi High Court decides all the issues, including the preliminary issue as to
whether it has the jurisdiction over the dispute.
A bench of Justices Dipak Misra and
UU Lalit said when the High Court had heard the matter and reserved the
judgment on all issues, including the preliminary issue of jurisdiction, it
would be open to the Delhi government to approach it after the High Court
verdict on the entire issue.
Disposing of the AAP government
appeal, the bench said the High Court was a “constitutional court” and had the
power to decide and interpret constitutional matters like this.
Senior advocate Indira Jaising,
appearing for the Delhi government, referred to constitutional provisions
dealing with the powers of Delhi as a union territory.
“Delhi has an elected and
responsible government and judgment of this court applies in this case that the
Lt Governor has to run the administration on the aid and advice of the Chief
Minister and council of ministers,” Jaising said, adding that this dispute was
exclusively triable by the apex court.
“Tell me
why you (Delhi government) knocked the door of the Delhi High Court first. You
knocked the doors of the Delhi High Court under Article 226. Now High Court has
reserved the judgment and every court has the power to determine its
jurisdiction. Whether it is adjudicable under Article 226 or under Article 131,
the High Court can very well decide the jurisdiction,” the bench said. PTI
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