Delhi: Ordinance issue will go to Constitution Bench

Satya Prakash

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New Delhi, July 20

The Supreme Court on Thursday referred the Delhi Government’s petition challenging the National Capital Territory of Delhi (Amendment) Ordinance, 2023 — that gives wider powers to the Lieutenant Governor (L-G) with regard to control over the bureaucracy — to a Constitution Bench for a final adjudication of the contentious issue.

“We will refer it to a Constitution Bench,” a three-judge Bench led by CJI DY Chandrachud said, adding a detailed order would be uploaded on the top court website later.

The Bench decided to refer it to a Constitution Bench after hearing brief submissions from senior advocates Abhishek Singhvi, Harish Salve and Solicitor General Tushar Mehta, representing the Delhi Government, the L-G and the Centre, respectively.

The Centre had on May 19 promulgated the ordinance to create an authority for transfer and posting of Group-A officers in Delhi. Coming barely a week after the SC handed over the control of services in Delhi excluding police, public order and land to the elected government, it seeks to set up a National Capital Civil Service Authority for transfer of disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services cadre. The Centre and its nominee L-G have been embroiled in a legal battle with AAP with regard to control over the bureaucracy, with the latter terming the ordinance a “deception” with the top court’s verdict. However, the SC on July 10 refused to stay the ordinance even as it issued notice to the Centre.

Will name ad hoc DERC chief: SC

New Delhi: As Delhi L-G and CM failed to iron out differences over the selection of a new Delhi Electricity Regulatory Commission (DERC) Chairman, the Supreme Court on Thursday decided to make an ad hoc appointment to the post until the issue was decided. The SC said it could not allow the DERC to remain “headless”. TNS

CJI on protocol facilities

Taking exception to an explanation sought from Railway officials at the instance of an Allahabad HC judge over ‘inconvenience’ caused to him during a train journey, CJI DY Chandrachud has written to all HC chief justices to express his concern on such conduct. He said protocol facilities should not be utilised to assert a claim to privilege which sets them apart from society.