A Needless Controversy

The five-judge constitution bench of the Supreme Court (SC) has settled the law on the jurisdictional issue between the elected government in Delhi and the Lt Governor (LG). Therefore, any attempt to suggest that the judgment is a semi-final of sorts, and the final will be the verdict of a smaller bench which may deal with specific issues, is motivated and has the effect of subverting the judgment of the constitution bench.

Article 141 of the Constitution says that the law declared by the SC shall be binding on all courts within the territory of India. Article 144 says that all authorities, civil and judicial, in the territory of India shall act in aid of the SC. No one can argue that Article 141 speaks only about courts and not the government. The law declared by SC is binding on all authorities in the country. So, the law declared by the constitution bench on the jurisdiction of the Delhi government is binding on the Union as well as the Delhi government. Similarly, the direction going from Article 144 is that all authorities shall act in aid of the SC. In other words, the Constitution requires the authorities to so act as to implement or enforce the apex court’s judgments and directions and not to create hurdles in its way.

Source:- Indian Express

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