New Delhi, India – The Supreme Court of India today dismissed a petition brought by the Delhi Government challenging a directive from the Delhi High Court mandating the retrospective payment of increased honorariums to law researchers. The ruling, delivered by a bench led by Chief Justice of India Surya Kant, effectively secures a significant financial benefit for legal professionals working within the Delhi High Court system.
The core of the dispute revolved around the Delhi Government’s contention that implementing the pay increase, retroactive to , would impose an unplanned financial burden of approximately ₹9.45 crores (approximately $1.13 million USD). The government argued that such a substantial expenditure would require gubernatorial approval under Article 229(2) of the Indian Constitution, which pertains to the powers of the Lieutenant Governor of Delhi.
However, the Supreme Court bench, also comprising Justices Joymalya Bagchi and Vipul Pancholi, declined to intervene, dismissing the petition due to what they described as the “peculiar facts and circumstances” of the case. Critically, the court explicitly stated that it was not ruling on the underlying legal question of whether gubernatorial approval was indeed required in such instances, leaving that matter open for future consideration.
The High Court’s original directive, issued in October , ordered the retrospective payment of an enhanced monthly remuneration of ₹80,000 (approximately $960 USD) to law researchers. This represents an increase from the previous rate of ₹65,000 (approximately $780 USD). The decision stemmed from a petition filed by thirteen current and former law researchers employed by the Delhi High Court between and .
These researchers had sought to enforce a prior order issued by the Chief Justice of the Delhi High Court on , which had initially approved the increase. The researchers alleged that despite the Chief Justice’s approval, the order had not been implemented by the Delhi Government.
During the hearing, Chief Justice Kant questioned the rationale behind delaying compensation to the researchers, asking the State’s counsel, Why should the youngsters suffer because of the delay by the government?
This sentiment underscored the court’s prioritization of the financial well-being of the legal professionals involved.
The case highlights a recurring tension between the Delhi Government and the Lieutenant Governor’s office regarding financial and administrative control within the National Capital Territory of Delhi. Article 229(2) of the Indian Constitution grants the Lieutenant Governor certain powers, often leading to disputes over the extent of their authority in relation to the elected government.
The initial proposal to enhance the remuneration of law researchers was approved by the Delhi Government on . However, the government initially applied the increase prospectively, beginning on , rather than retroactively as ordered by the High Court. This decision prompted the researchers to seek judicial intervention.
The Supreme Court’s decision is expected to have a positive impact on the financial stability of law researchers working within the Delhi High Court. These professionals play a crucial role in supporting the judiciary by conducting legal research, drafting opinions and assisting judges in complex cases. The enhanced remuneration recognizes the value of their contributions and aims to ensure fair compensation for their skilled work.
While the Supreme Court has dismissed the Delhi Government’s appeal, the underlying legal question regarding the requirement of gubernatorial approval for financial matters remains unresolved. This issue could potentially arise in future cases, requiring further clarification from the courts.
The case number for this ruling is THE GOVERNMENT OF NCT OF DELHI Versus RUSHANT MALHOTRA AND ORS, Diary No. 6259-2026.
