Delhi Govt challenges Centre's ordinance in Supreme Court
New Delhi, June 30
The ruling AAP government in Delhi on Friday moved the Supreme Court challenging the Centre’s ordinance on the control of services in the National Capital and termed the move as an unconstitutional exercise of executive fiat to override the basic structure of the Constitution.
In the plea filed through advocate Shadan Farasat, the Delhi Government has prayed for quashing of the ordinance and an interim stay on it, ahead of the monsoon session of Parliament wherein AAP plans to mount a massive offensive on the issue.
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for transfer and posting of Group-A officers in Delhi. The AAP government has been calling it a deception with the Supreme Court verdict on control of services.
Issued on May 20, the ordinance came days after the SC ruled that the Delhi Government should have legislative powers over control of bureaucracy except in matters of police, public order and land.
The ordinance sets up a body for transfer and postings of Group A officers of DANICS cadre (Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli). The ordinance effectively nullified the impact of the SC judgment.
It said, “Notwithstanding anything contained in any judgment, order or decree of any court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto.”
