Bench to deliver verdict in Delhi govt vs L-G, Maharashtra dispute tomorrow

Tomorrow we have two Constitution Bench judgments to deliver, said CJI

The Constitution Bench of the Supreme Court is set to deliver verdicts in two important cases on Thursday which include the dispute between Maharashtra Chief Minister Eknath Shinde and Shiv Sena Chief Uddhav Thackeray's factions, which came following the rift in the Shiv Sena party and the dispute between the Delhi government and Lieutenant Governor (L-G) Vinai Kumar Saxena over who has the authority to control the administrative services in Delhi.

According to a report published in LiveLaw, the announcement for the same was made by the Chief Justice of India (CJI) D Y Chandrachud on Wednesday, while he heard the plea in the same-sex marriage case. CJI said, "Tomorrow we have two Constitution Bench judgments to deliver."

Delhi Govt vs L-G case

According to Bar and Bench, an online portal for Indian legal news, the case first came to light in 2018 when a Constitution bench of the court interpreted Article 239AA which contains special provisions in regard to the National Capital Territory (NCT). The powers of the Delhi Legislative Assembly and the L-G were debated.

In the 2018 judgment, the court ruled that "the L-G cannot act independently without the aid and advice of the Council of Ministers, and has to work harmoniously with the NCT government."

Since the judges on the Bench announced a split verdict in 2019, the case was later referred to a larger bench. Following this, a request from the Central government was received to refer the matter to a Constitution bench.

Shiv Sena case

This includes petitions filed by members from the Shinde and Thackeray faction over several issues. In June 2022, the first plea was filed by the current Chief Minister Eknath Shinde challenging the notices issued by the then Deputy Speaker over alleged defection.

Following this, the Thackeray group also filed petitions in the apex court challenging the decision of the state governor Bhagat Singh Koshyari, to call for a trust vote, and the election of Shinde as the new CM with backing from BJP.

In August 2022, the case was then referred to a Constitution bench by the then CJI N V Ramana over several issues.

The matter was heard by the Constitution bench on February 14, 2023.