GEETIKA PANWAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The Delhi High Court (Amendment) Act, 2001 (Delhi Act No.5 of 2002) passed by the Legislative Assembly of the National Capital Territory of Delhi on 20.12.2001 further to amend the Delhi High Court Act, 1966 (Act No.26 of 1966) and the Punjab Courts Act, 1918, which received the assent of the President of India on 21.2.2002 and was published in Part II of the Delhi Gazette Extraordinary on 13.3.2002 is under challenge in these two writ petitions on a number of grounds.

(2.) On 19.4.2002, while issuing rule, considering the nature of the writ petitions and the questions raised therein, the same were referred to a larger Bench in order to have an authoritative decision on the following points: - (a) Whether the Delhi High Court (Amendment) Act, 2001 (Delhi Act No.5 of 2002) is ultra vires of the Legislative Assembly of National Capital Territory of Delhi. (b) In any event whether Section 2 of the Delhi High Court (Amendment) Act, 2001 (Delhi Act No.5 of 2002) is ultra vires of the Legislative Assembly of the National Capital Territory of Delhi.

(3.) Learned counsel for the parties made elaborate submissions, including Mr.Soli Sorabji, learned Attorney General, who appeared for Union of India.