The Delhi High Court asked if the Delhi Assembly can make laws with effect beyond its territory, questioning GGSIPU’s affiliation of colleges in NCR. The Court stressed this may encroach upon other states’ legislative powers.
New Delhi: The Delhi High Court on Wednesday raised serious questions about whether the Delhi Legislative Assembly has the power to make a law that allows Guru Gobind Singh Indraprastha University (GGSIPU) to give affiliation to colleges located outside the capital.
The case was heard by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
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The judges asked if the Delhi Assembly could legally pass a law that has effect outside Delhi, in other states.
The Bench remarked,
“You are encroaching upon the legislative powers of other states. Tomorrow, Delhi Police can exercise jurisdiction over these places? Even if the state of Uttar Pradesh, Rajasthan or Haryana has no objection, would it take away their legislative competence or confer any extra-territorial jurisdiction on the Delhi assembly?”
The Court also observed that affiliation of a college is not just a formality but carries serious responsibilities and benefits.
The Bench said.,
“Affiliation of a college is not a mere ministerial task but comes with great responsibilities and privileges,”
At the same time, the judges clarified that their observations were only prima facie for now.
“The Bench underlined that its observations are prima facie.”
The matter came up in a Public Interest Litigation (PIL) filed by advocate Shashank Deo Sudhi. He requested the Court to stop GGSIPU from affiliating colleges outside the boundaries of Delhi.
According to him, when the university grants affiliation to colleges in the National Capital Region (NCR), including parts of Uttar Pradesh and Haryana, it is acting beyond its powers.
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He argued that this goes against the university’s parent law as well as the University Grants Commission (UGC) rules.
The petitioner also said that Section 4 of the Guru Gobind Singh Indraprastha University Act, 1998 clearly violates the Constitution.
Article 245 of the Indian Constitution states that a State legislature can only make laws for its own territory. However, Section 4 of the GGSIPU Act says that the university can function in the entire NCR, which includes areas outside Delhi.
On the other hand, the lawyers representing the respondents opposed the PIL. They said that the university gives affiliation to colleges outside Delhi only after getting official “no-objection” from the concerned State governments.
They also pointed out that no student or stakeholder had made any complaint. The counsel told the Court that,
“this PIL may not be the right case to decide the law.”
But the Bench was not convinced. It replied that even in a PIL, the Court can examine whether there has been any overstepping of legislative powers, since the matter concerns the public at large.
The Court asked,
“If the executive of the state gives up and does not take care of its own legislative powers, can this issue not be raised in the PIL,”
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The High Court has now issued notices to the Central government, the UGC, the Delhi government, and other respondents in the matter.
They have been asked to file their responses within four weeks. The Court has fixed the case for its next hearing in December.
Case Title:
Shashank Deo Sudhi v. Union of India & Ors.
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