Our functioning completely paralysed despite Constitution Bench verdict, Delhi govt. tells Supreme Court

The matter will be taken on July 26, says Bench of Justices A.K. Sikri and Navin Sinha.

July 18, 2018 12:42 pm | Updated November 28, 2021 08:46 am IST - New Delhi

 A view of Delhi Secretariat in New Delhi.

A view of Delhi Secretariat in New Delhi.

The Delhi government on Wednesday told the Supreme Court that its functioning was “completely paralysed” and it could not order transfer or posting of officers despite the recent Constitution Bench verdict on the national capital’s administration.

The matter was heard by a Bench of Justices A.K. Sikri and Navin Sinha.

The court said it knew everything and the matter would be taken on July 26 since it was not a regular Bench.

“Functioning of the government is completely paralysed. We cannot post officers, we cannot transfer officers despite the recent Constitution Bench verdict, which has explained every aspect. These issues needs to be adjudicated at the earliest,” said senior advocate P. Chidambaram, appearing for the Delhi government.


Senior advocate Indira Jaising, who also appeared for the Delhi government, said officers were not willing to file an affidavit on this matter and Deputy Chief Minister Manish Sisodia had, therefore, filed the affidavit.

“I just wanted to clarify the situation,” Ms. Jaising said.

The five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra had laid down broad parameters for the governance of the national capital, which has witnessed a power struggle between the Centre and Delhi government since the Aam Aadmi Party came to power in 2014.

The Bench had clarified that issues regarding various notifications issued by the Delhi government in exercise of its administrative and legislative powers would be dealt with separately by an appropriate smaller Bench.

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