On January 18, the Supreme Court's constitutional bench, led by Chief Justice of India DY Chandrachud, expressed surprise at the Central Government's request to refer the 2018 judgement in the GNCTD vs Union of India case to a larger bench, near the conclusion of the hearing in the dispute over control of civil services in the Delhi Government. The CJI also stated that the arguments in the case would have concluded yesterday, and the matter is being posted today for rejoinder only.

The Solicitor General claimed that when he mentioned the application for reference filed in December 2022, the CJI granted permission to raise the issue during the final hearing. Dr. Singhvi went on to say that the reference was a "dilatory tactic" used by the Union. He claimed that the motion to refer the 2018 judgement to a larger bench was never raised during the case's ten postings and was raised for the first time in December 2022, just weeks before the final hearing. He also stated that the reference application is the same as the review petition filed against the 2018 judgement in 2021. SG used a high-pitched argument to refute Singhvi, "It will be anything but dilatory. We are dealing with the capital of the nation. Therefore whether it is done better today or tomorrow hardly makes a difference. My learned friend may be in a tremendous hurry to do certain things. We are more on the future course of action. We many not be remembered in history for having handed over the national capital to a complete anarchy. I will just put a two-page note".

The Centre seeks the larger bench reference on the grounds that the 2018 Constitution Bench judgement in the case GNCTD vs. Union of India is inconsistent with the nine-judge bench judgement in the case NDMC VS State of Punjab (1996), which held that Delhi was on the same footing as a Union Territory. The Constitution Bench asserted the principle of elected government supremacy in its 2018 judgement, holding that the LG should act with the aid and advise of the Council of Ministers in matters over which the Delhi Government has executive and legislative powers, and that the LG's reference to the President should be made only in exceptional circumstances.

Case Title: Govt. of NCT of Delhi V. Union of India
Citation: Civil Appeal No.2357/2017