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Supreme Court declines ‘full Statehood’ plea for Delhi

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The Supreme Court of India on Friday dismissed a plea demanding full Statehood for Delhi, stating it has become “infructuous” in view of the Constitution bench verdict which had held that Delhi cannot be accorded the status of a State.

Previously, on July 4, a Constitution bench of the top court had unanimously held that Delhi cannot be accorded the status of a State while clipping powers of the Lieutenant Governor saying he has no “independent decision making power” . It was described that the Lt. Governor has to act on the aid and advice of the elected government.

The latest plea seeking full Statehood had come up for hearing before a bench comprising Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta and the advocate appearing for the petitioner referred to the judgement delivered by a five-judge Constitution bench on July 4.

“It (petition) is infructuous,” the bench said while dismissing the plea.

The apex court was hearing a plea seeking declaration Article 239AA (which deals with powers and status of Delhi) of the Constitution and The Government of National Capital Territory of Delhi Act 1991 as “unconstitutional” on the ground that a territory of India has to be either a full state or a union territory.

It was also alleged through the plea that constitutional arrangements for Delhi were responsible for mismanagement in administration of the national capital leading to several problems including air pollution, traffic jams, water logging, and unauthorised constructions.

The apex court, in July 4 verdict, had said that except for three issues — public order, police and land — the Delhi government has the power to legislate and govern on other issues.

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