The Delhi government in the Supreme Court on Thursday said the prolonged dispute between itself and the Centre over who controls bureaucrats in the national capital has led to a situation that is nothing short of “bizarre”.

Appearing before a three-judge Bench led by Chief Justice of India N.V. Ramana, senior advocate A.M. Singhvi, for Delhi, said the situation is such that a “democratic representative government” has to get the approval of the Lieutenant-Governor (L-G) to appoint a Health Secretary or a Commerce Secretary.

“The case needs to be heard urgently,” Mr. Singhvi said as he made his preliminary remarks in the case. He said the tussle is having a “deleterious effect”.

Wielding power

Additional Solicitor General Sanjay Jain said the question ought to be referred to a Constitution Bench. But the court responded that there was no need for it now.

“Three of us feel we can hear and reserve the case... If you can show otherwise, we will see. But we cannot decide this now itself... Whether three or five judges should hear the case...” Chief Justice Ramana, flanked by Justices A.S. Bopanna and Hima Kohli on the Bench, addressed Mr. Jain.

The issue dates back to February 14, 2019 when an apex court Bench of Justices A.K. Sikri and Ashok Bhushan (both retired) gave a split opinion on the question of control over “services” in the Capital.

Meanwhile, on Thursday, the Bench led by Chief Justice Ramana issued formal notice to the Centre on a separate petition filed by the Delhi government seeking to quash amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’.

The Delhi government said that the Centre has given more power to the L-G than the elected government.

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