In its petition, the Delhi government today (March 4th) argued that granting the LG the authority to determine the fees of lawyers representing the State further undermines the autonomy of the elected government, thereby severely limiting its powers.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court took action today by seeking responses from the Central government and the Delhi Lieutenant Governor (LG) in response to a plea filed by the Delhi government. The petition challenges the decision of the Centre to empower the LG with the authority to appoint lawyers to represent the State of Delhi in constitutional courts.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta issued the notice after hearing Senior Counsel Shyam Divan and Siddhartha Dave, who represented the Delhi government.
In its petition, the Delhi government argued that the LG’s authority even extends to determining the fees of counsel representing the State. This allocation of power, according to the petition, severely hampers the functioning of the elected government.
ALSO READ: Arvind Kejriwal Offers Virtual Cooperation for ED Summons; Probe Agency Reacts
The Delhi government specifically challenges an office memorandum issued by the Union government on August 10, 2017, regarding this matter.
“The elected Government of the National Capital Territory (NCT) of Delhi finds itself severely handicapped, not only in selecting its preferred legal representation but also in determining the compensation offered to these representatives. This predicament arises from the imposition of guidelines dictating the appointment process for legal counsel representing the Government of NCT of Delhi (GNCTD) in proceedings before this Hon’ble Court and the High Courts. The contested Office Memorandum (OM) and associated directives significantly impede and undermine the capacity of the elected Government to effectively advocate for the interests of Delhi’s electorate,”
-the statement read.
The plea also draws attention to the ongoing litigation between the Central government and the Delhi government before the Supreme Court, focusing particularly on the power struggle between the two entities, notably concerning jurisdiction over services, including the Indian Administrative Service (IAS) officers, within the national capital.
ALSO READ: BREAKING | Supreme Court Rules Against Immunity of MPs and MLAs in Bribery Cases
Highlighting the potential consequences, the plea underscores that if the authority to appoint and determine the fees of lawyers representing the Delhi government is vested solely with the Central government, it effectively grants the Centre the power to select and set the fees of the opposing party’s legal counsel-an arrangement that is fundamentally untenable.
It is argued that such a scenario would contravene the fundamental principles of the rule of law, constituting a violation of the foundational tenets of justice and equity.
CASE TITLE:
Government of NCT of Delhi vs Union of India and ors.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
