A.K.SIKRI, ASHOK BHUSHAN
GOVT. OF NCT OF DELHI – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
A.K. SIKRI, J.
Prologue
All these appeals arise out of the judgment dated August 04, 2016 rendered by the High Court of Delhi in writ petitions filed before it under Article 226 of the Constitution of India. We would refer to the subject matter of those writ petitions and the manner in which the High Court dealt with and decided the same at the appropriate stage. However, it would be pertinent to point out that in the said impugned judgment, main issue related to the status of National Capital Territory of Delhi (NCTD) and in, particular, about administration of NCTD, powers exercisable by and functions of the elected Government of NCTD (GNCTD) vis-a-vis the Central Government (or to put it more precisely, in juxtaposition to the Lieutenant Governor (LG) of GNCTD, as nominee of the President of India). This issue centered around the interpretation that needed to be given to Article 239AA of the Constitution of India.
(2) Undoubtedly, NCTD was and remains Union Territory and continues to be governed by Part VIII of the Constitution which pertains to ‘the Union Territories’.
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