A 20-year-old judgment delivered by a Constitution Bench of nine Supreme Court judges is a major roadblock in the way of the Arvind Kejriwal-led Delhi government’s endeavour to upset the Delhi High Court’s verdict that Delhi is a Union Territory and not a State.
‘Not a State’ The 1996 judgment by Justice (as he was then) B.P. Jeevan Reddy in North Delhi Municipal Corporation versus State of Punjab clearly terms Delhi as a Union Territory in a class by itself. The judgment observed that “the Union Territory of Delhi is in a class by itself but is certainly not a State”.
In Friday's hearing, a Bench led by Justice A.K. Sikri reminded the Delhi government about how the NDMC verdict “specifically” calls Delhi a Union Territory. The Centre is also banking on this judgment to win the case in the Supreme Court.
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“Union territories are in different stages of evolution,” the 1996 judgment had explained, “some have already acquired Statehood and some may be on the way to it.
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Justice Reddy offers a simple definition of what Union Territories are: “Union Territories are not ‘States’: they are the territories of the Union falling outside the territories of the States”.