Centre may file review petition of SC verdict on Delhi

The Centre on Wednesday questioned the Arvind Kejriwal led Aam Aadmi Party’s (AAP) claims of victory following the Supreme Court historic judgment on Delhi’s status and may file a review petition according to a report in the Hindustan Times.

A senior government official according to the report, stated that the apex judicial body had only reaffirmed the special status of Delhi as a territory and the fact that the Lieutenant Governor (L-G) was not like governors of other states but has special powers.

“They (the AAP government) said Delhi is a state like other states and the governor is like other governors. This (contention) has been rejected,” said the official as quoted by the Hindustan Times.

He also added that the centre could approach the SC asking for a review of the decision and that the final call would be taken by the home ministry to whom L-G reports.

The Supreme Court on Wednesday upheld its judgement that Delhi is a special territory and that it is not a normal state. It also drew to a conclusion that the L-G has rights to reverse the decisions taken by the state government for considerations of the President.

According to the official, the L-G will have to give reasons for referring the Delhi government’s decisions to the President. He can however stall the decisions referring them to the President.

Law and order, police and land are stated to be outside the purview of the Delhi government.

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Home Minister Rajnath Singh hours after the judgement said that the Centre will study the verdict and then react.

Another official as quoted by HT, said that the government is yet to take a call on whether it will seek a review. “The MHA (home ministry) has to take a call on whether to approach the court against the decision. But certain paragraphs do lend themselves to a review,” said the official.

Tue official added that the bench headed by the  Chief Justice of India, only interpreted Article 239 AA which deals with the National Capital Territory and was added as an amendment in 1991. “This has to be read with the General Clauses Act which defines a union territory with or without a legislature.”

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He concluded saying that the nine petitions filed in the court, seven by the AAP government and two by the other L-G, will be dealt with by the regular benches.