NEW DELHI:The Supreme Court on Friday refused to entertain a Delhi government plea that the High Court be asked to first decide the preliminary issue of 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 Delhi, which had moved the High Court seeking a 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 one.
A bench of justices Dipak Misra and U U Lalit said when the High Court had heard the matter and reserved the judgment on all issues, it would be open to the Delhi government to approach it after the High Court verdict on the entire issue.
Disposing of the Aam Aadmi Party government’s appeal, the bench said the Delhi High Court was a constitutional court and had the power to decide and interpret constitutional matters like this. “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,” said senior counsel Indira Jaising, adding that the dispute was exclusively triable by the apex court.