The Supreme Court in the case Delhi Commission For Protection Of Child Rights vs. Lieutenant Governor, NCT Of Delhi Through Principal Secretary observed and has remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 of the Constitution of India before the Supreme Court.
The bench comprising of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra in the case was hearing the petition filed the Delhi Commission of Protection of Child Rights, DCPCR over the alleged freezing of its funds by the Union Government.
In the present case, the plea is moved by the Delhi Government challenging the re-operationalisation of the Bus Marshal Scheme to be instituted before the Delhi High Court.
It has been stated by the bench that it was already dealing with the constitutional matters and that not all matters between the Delhi Government and the LG of Delhi should be adjudicated upon by the Supreme Court.
The CJI told Senior Advocate Gopal Sankaranarayanan, ‘Mr. Sankaranarayanan, whats happening is, every dispute all in sundry between the Government of the NCT of Delhi and the Lt. Governor is coming here as a 226 petition. It is the court to entertain some broader constitutional issues, now it must go to the High Court and everything between the Govt. and the Lt. Governor is coming here every two days.
The court stated that Bus Marshal’s scheme was discontinued and we get a petition under Article 32 of Constitution of India.
It has also been explained by Sankaranarayanan that the Commission functions independently of the Delhi Government.
He in the case expressed that, you conduct whatever you want but do not freeze our money! How can 6 million children of the state be told that not a penny is going to come to the commission? …they freeze everything that the Delhi government is doing. But I am an independent commission, I am required by the Parliament to function independently…’
The bench of CJI emphasized that such matters are to be aptly dealt with by the High Court, thus, he asked, Why are you bucking the Delhi High Court?
The court passed an order wherein the court directed the registry to transfer the proceedings to the Delhi High Court and number the same as Article 226 Petition.