Renowned Senior Advocate Harish Salve has expressed his intention to file a public interest litigation (PIL) petition, aiming to curtail Constitutional functionaries from participating in discussions and arguments on popular social media platforms such as Twitter and Facebook.
Salve made this announcement during the hearing of a plea by the Delhi government challenging the constitutional validity of the recently enacted Delhi Services Ordinance. The ordinance grants overriding powers to the Lieutenant Governor (LG) of Delhi concerning the transfers and postings of civil servants in the national capital.
Salve emphasized his concerns about constitutional functionaries engaging on social media platforms, urging them to adopt the methods employed in earlier days instead. His statement was prompted by the escalating differences between the LG and the Aam Aadmi Party government, whose disagreements have often spilled over onto social media.
The Supreme Court, presiding over the case, encouraged the LG and the Delhi Chief Minister to engage in dialogue and resolve their differences amicably. Chief Justice of India, DY Chandrachud, remarked that the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC) should not be the primary issue of contention, but rather an opportunity for both constitutional functionaries to address broader concerns through negotiation.
Addressing the challenge to the ordinance, the Court observed that it seemingly functioned as an effective amendment to the Constitution. Consequently, a Constitution bench of the Supreme Court may need to examine the issue in depth.
"The power conferred under clause 7 of Article 239AA has been used for the first time to remove services from the purview of the Delhi government. This effectively amends the constitution, and we must determine whether it is permissible. We will hear the challenge to the ordinance by a Constitution Bench to examine the constitutionality of such an amendment," the Court stated.
The potential PIL filed by Harish Salve aims to restrict the engagement of Constitutional functionaries on social media platforms and redirect them towards traditional modes of communication for discussions and arguments. The Court's decision to refer the challenge to the Delhi Services Ordinance to a Constitution Bench highlights the significance of the matter and its potential impact on the constitutional framework.
The hearing will resume as the Court assesses the extent to which the ordinance affects the constitutional provisions. The PIL proposed by Harish Salve could potentially play a crucial role in shaping the future of social media engagement by Constitutional functionaries and the interpretation of constitutional powers within the digital landscape.
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