Does the Constitution say, Delhi is the capital of India or has there been any law to this effect passed by Parliament. This was a poser before the Supreme Court by the Arvind Kejriwal government.
The Delhi government is arguing to carve out specific areas for unhindered exercise of its executive power. Appearing for the Delhi government, Indira Jaising told a Bench headed by Chief Justice of India, Dipak Misra that there was no reference in the Constitution that Delhi was the capital of India.
A capital is not defined by any law. The Centre can tomorrow decide to move the Capital to anywhere in the country. We know that the British moved the capital from Calcutta to Delhi, she also said.
She also argued that there needs to be a division of executive power between the Centre and the Delhi government so as to enable the Kejriwal government to function smoothly.