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State (Nct Of Delhi) v. Union Of India .

Supreme Court Of India

Feb 15, 2017

Judgment

Subsequent
References

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Case Information

CITATION CODES

citation codes

CASE NO.

Civil Appeal No(s). 2357/2017, (With Appln. for Permission to File Lengthy List of Dates, Permission to Urge Addl. Grounds, Impleadment and Interim Relief and Office Repot), C.A No. 2358/2017, (With Appln.(s) for Impleadment and Appln.(s) for Permission to File Lengthy List of Dates and Interim Relief and Office Report), C.A No. 2359/2017, (With Appln.(s) for Permission to File Lengthy List of Dates and Appln.(s) for Impleadment and Interim Relief and Office Report), C.A No. 2360/2017, (With Appln.(s) for Permission to File Synopsis and List of Dates and Interim Relief and Office Report), C.A No. 2361/2017, (With Appln.(s) for Directions and Appln.(s) for Placing Addl. Facts and Documents on Record and Appln.(s) for Permission to File Lengthy list of Dates and Interim Relief and Office Report), C.A No. 2362/2017, (With Appln.(s) for Urging Addl. Grounds and Appln.(s) for Permission to File Synopsis and List of Dates and Interim Relief and Office Report), C.A No. 2363/2017, (With Appln.(s) for Permission to File Lengthy list of Dates and Interim Relief and Office Report), Conmt. Pet.(C) No. 175/2016, W.P (Crl.) No. 539/1986, (With Office Report), C.A No. 2364/2017, (With Office Report), Crl.A No. 277/2017, (With appln.(s) for c/delay in filing SLP and Office Report)

JUDGES

A.K Sikri

R.K Agrawal, JJ.

ACTS

Article 239-AA of the Constitution

Article 145(3) of the Constitution of India

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Smart Summary (Beta)

Factual and Procedural Background

This order arises during the hearing of certain appeals. The court’s attention was drawn to Article 145(3) of the Constitution of India. Upon considering the matters and that provision, the court formed the view that the appeals involve substantial questions of law relating to the interpretation of Article 239-AA of the Constitution, warranting hearing by a Constitution Bench. The Registry was directed to place the papers before the Chief Justice for constitution of an appropriate Constitution Bench. The order also notes urgency and mentions that the appellants have moved applications seeking interim directions.

Legal Issues Presented

Whether the appeals involve substantial questions of law as to the interpretation of Article 239-AA of the Constitution such that they must be heard by a Constitution Bench under Article 145(3) of the Constitution of India.

Arguments of the Parties

Joint Request by Counsel for Both Sides

Requested that the Constitution Bench be constituted at an early date due to the urgent nature of the matters.

Appellants' Submissions

Submitted that applications for interim directions have been moved, which is an additional reason for urgent hearing.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted that Article 145(3) of the Constitution of India was brought to its attention and, after reviewing the matters alongside that constitutional provision, concluded that the appeals should be placed before a Constitution Bench. The stated reason was that the appeals involve “substantial questions of law” concerning the interpretation of Article 239-AA of the Constitution. On that basis, the court directed the Registry to place the papers before the Chief Justice for constitution of an appropriate Constitution Bench. The court further recorded the parties’ request for expeditious constitution of the Bench due to urgency and indicated that the parties may make such a request to the Chief Justice.

Holding and Implications

REFERRED TO A CONSTITUTION BENCH: The court held that the appeals need to be heard by a Constitution Bench because they involve substantial questions of law as to the interpretation of Article 239-AA of the Constitution, and directed the Registry to place the papers before the Chief Justice for constituting an appropriate Constitution Bench.

The direct implication is that the appeals will not be heard further by the present bench at this stage and will instead be listed before a Constitution Bench once constituted by the Chief Justice. The order also records the parties’ request for early constitution of the Bench due to urgency, including the appellants’ pending applications for interim directions. No broader implications or new precedent are stated in the order.

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Order

1. During the hearing of these appeals our attention is drawn to the provisions of Article 145(3) of the Constitution of India. Having gone through the matters and the aforesaid provisions, we are of the opinion that these appeals need to be heard by a Constitution Bench as these matters involve substantial questions of law as to the interpretation of Article 239-AA of the Constitution.

2. The Registry shall accordingly place the papers before the Hon'ble the Chief Justice for constituting an appropriate Constitution Bench.

3. As the matters are urgent, the counsel for both sides request that the Constitution Bench be constituted at an early date. The learned counsel for the appellants submit that the appellants have moved applications for interim directions as well and that is another reason for urgent hearing of the matters. The parties may make a request to the Hon'ble the Chief Justice in this behalf.

Court Masters