The Supreme Court of India, in today’s hearing, has made a pivotal observation that could redefine the approach to disputes between the Delhi Government and the Lieutenant Governor (LG). The bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, emphasized the need for such disputes to be primarily addressed at the High Court level, rather than being escalated directly to the Supreme Court.
This observation was made during the hearing of a petition filed by the Delhi Commission of Protection of Child Rights (DCPCR) concerning the alleged freezing of its funds by the Union Government. The Supreme Court’s stance echoes a similar direction given in another recent case involving the Delhi Government, where the Court had advised handling the matter at the Delhi High Court.
Chief Justice Chandrachud, addressing Senior Advocate Gopal Sankaranarayanan, representing the DCPCR, remarked,
“Mr. Sankaranarayanan, what’s happening is, every dispute all in sundry between the Government of the NCT of Delhi and the Lt. Governor is coming here as a 226 petition. It’s (the court) to entertain some broader constitutional issues, now it must go to the High Court. Everything between the Govt. and the Lt. Governor is coming here every two days. Yesterday Bus Marshal’s scheme was discontinued, we get a petition under 32.”
Sankaranarayanan argued for the independence of the Commission from the Delhi Government, expressing the urgency of the situation:
“You conduct whatever you want but don’t freeze our money! How can 6 million children of the state be told that not a penny is going to come to the commission? …they freeze everything that the Delhi government is doing. But, I am an independent commission, I am required by the Parliament to function independently…”
Despite these compelling arguments, the Supreme Court maintained its position. Chief Justice Chandrachud further questioned, “Why are you bucking the Delhi High Court?” This query underlines the Court’s view that the Delhi High Court should be the primary forum for resolving such disputes.
The Supreme Court’s directive to transfer the proceedings to the Delhi High Court, to be numbered as an Article 226 Petition, marks a significant step in streamlining the judicial process. It underscores the importance of utilizing the judicial hierarchy effectively and reserving the Apex Court’s attention for matters of broader constitutional significance.
This move by the Supreme Court signals a clear message to the Delhi Government and the LG: the High Court should be the first port of call for their disputes. It aims to ensure that the Supreme Court’s resources are focused on issues of national and constitutional importance, while the High Court handles the more immediate administrative and local governance disputes.