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PART A Territories”; and (ii) “Subject to the provisions of this Constitution". By an order dated 6 May 2022, the three-judge Bench observed that:

“8. From the reference application moved by the Union of India, as well as the rival contentions of the parties, the main bone of contention relates to the interpretation of the phrases: “in so far as any such matter is applicable to Union Territories” and “Subject to the provisions of this Constitution” as contained in Article 239AA(3)(a) of the Constitution. On perusing the Constitution Bench judgment, it appears that all the issues except the one pending consideration before this bench, have been elaborately dealt with. Therefore, we do not deem it necessary to revisit the issues that already stand settled by the previous Constitution Bench.

9. The limited issue that has been referred to this Bench, relates to the scope of legislative and executive powers of the Centre and NCT Delhi with respect to the term “services”. The Constitution Bench of this Court, while interpreting Article 239AA(3)(a) of the Constitution, did not find any occasion to specifically interpret the impact of the wordings of the same with respect to Entry 41 in the State                                      List.

10. We therefore deem it appropriate to refer the above limited question, for an authoritative pronouncement by a Constitution Bench in terms of Article 145(3) of the Constitution.”

The above reference forms the subject of adjudication before this Constitution Bench. The limited issue for the consideration of this Constitution Bench only relates to the “scope of legislative and executive powers of the Centre and NCTD with respect to the term “Services.” That is to say, whether the NCTD or the Union government has legislative and executive control over “services.” We will now turn to the arguments made by counsel on opposing sides.