The Supreme Court five-judge Constitution bench which has decided to hear the Delhi Government vs. Lieutenant Governor case regarding the power of administrative control over the transfers and postings of officers in Delhi will not commence hearing at 10:30 am today as it is been decided that a two judge bench will take up the matter first before it is referred to the large bench.
The Supreme Court has a usual practice in which the matters for urgent listing are mentioned first before the Chief Justice of India (CJI) and then after the regular matters are taken up for hearing.
This practice is however not done when Constitution benches assemble as five judges assemble in a different combination for a specific case.
When the CJI sits in a Constitution bench mentioning is made before the next senior judge.
As per a notice issued earlier , though CJI DY Chandrachud is sitting as part of Constitution bench, this bench will assemble only after a division bench of CJI Chandrachud and Justice PS Narasimha hears mentioning matters.
The Constitution bench will assemble after that.
As per the sources, this is the first time when three judges (part of the Constitution bench) would be waiting for the mentioning to get over.
It was told by one of the senior practising lawyer that the former Supreme Court judge Justice Arun Mishra also followed a similar practice before assembling for Constitution benches.