New Delhi: The Arvind Kejriwal government on Tuesday put an unexpected question to the Supreme Court: Has the Constitution of India or any law passed by Parliament declared Delhi as the capital of India?
Arguing for Delhi government in its effort to carve out specific areas for unhindered exercise of its executive power, senior advocate Indira Jaising told a bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan that there was no reference in the Constitution or in any law that Delhi was the capital of India.
“Capital is not defined by any law. Tomorrow, the Centre can decide to move the capital to somewhere else. The Constitution also does not say the capital is to be Delhi. We know that the British moved the capital from Calcutta to Delhi. There is National Capital Territory of Delhi Act but it does not constitute Delhi as the capital of India,” she said. The bench did not comment.