Initiating action the Supreme Court has requested responses from the Central government and the Lieutenant Governor (LG) of Delhi in light of a petition submitted by the Delhi government. This follows a challenge put forth by the Delhi administration against a decision by the Centre, which delegated to the LG the authority to appoint legal representatives for the State of Delhi in constitutional courts.
Notices have been issued by a bench comprising Justices Sanjiv Khanna and Dipankar Datta, subsequent to arguments presented by Senior Counsel for the Delhi government, Shyam Divan, and Siddhartha Dave.
At the core of the Delhi government's petition lies the contestation of an office memorandum issued by the Union government on August 10, 2017, which effectively curtails the Delhi administration's power to appoint its legal counsel and determine their fees.
According to the petition, this arrangement not only restricts the Delhi government's ability to select legal representatives but also undermines its authority to set their remuneration. By centralizing the power to appoint and fix fees for lawyers representing the Delhi government, the petition contends that it hampers the elected government's capacity to advocate for the interests of its constituents effectively.
The ongoing legal disputes between the Central government and the Delhi administration, particularly concerning the jurisdictional tug-of-war over crucial matters such as control over services, including Indian Administrative Service (IAS) officers in the national capital, are highlighted in the petition.
The crux of the issue, as emphasized in the plea, revolves around the potential ramifications of granting the Central government the authority to appoint and regulate the fees of lawyers representing the Delhi government in such legal battles. The petition argues that such a move would essentially allow the Centre to influence the legal representation of the opposing party, fundamentally violating the principles of the rule of law.
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