SC dismisses Centre’s argument that national interests trump over ‘local quibbles’
1 year, 8 months ago

SC dismisses Centre’s argument that national interests trump over ‘local quibbles’

The Hindu  

The Supreme Court on May 11 dismissed the Centre’s claim of superiority over the elected government of Delhi on the ground that the national capital is the seat of the Union Government and “national interests take precedence over and beyond the quibbles of local interests. The Centre backed its argument on a narrow interpretation of a phrase — “in so far as any such matter is applicable to Union Territories” — in Article 239AA of the Constitution. One of its clauses said the Legislative Assembly of Delhi “shall have power to make laws for the whole or any part of the National Capital Territory with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories”. The seats in the Assembly are filled by a direct election from the constituencies of NCTD… Article 239AA must be interpreted to further the principle of representative democracy.To interpret the phrase ‘insofar as any such matter is applicable to Union Territories’ in a restrictive manner would limit the legislative power of the elected Members of the Assembly,” a Constitution Bench led by Chief Justice of India D.Y. Addressing the Centre’s apprehensions about “national interests”, the court said “Article 239AA balances between the interest of NCTD and the Union of India”.

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