Supreme Court won't stay Delhi Services Ordinance giving Lieutenant Governor wider powers

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New Delhi, July 10

The Supreme Court on Monday refused to stay the Delhi Services Ordinance, 2023, that gave wider powers to the Centre and the Lieutenant Governor with regard to control over bureaucracy in the national capital.

A Bench led by Chief Justice of India DY Chandrachud, however, issued a notice to the Centre on the Delhi Government’s petition challenging the constitutional validity of the ordinance promulgated on May 19 and asked it to file its response in two weeks. As senior counsel AM Singhvi repeatedly asked for a stay, the CJI said, “It is an ordinance. We have to hear the matter.” It posted it for hearing on the issue of stay on July 17.

Setback to AAP govt

• The Delhi Govt has challenged the ordinance promulgated by the Centre
• It gives the Centre-nominated L-G wider powers to control the bureaucracy
• The SC has posted the issue of stay for July 17

Singhvi raised the issue of sacking of more than 400 specialists, fellows and research officers working with the Delhi Government to press for staying the operation of the ordinance, but the court said it would consider it on next Monday.

Describing the ordinance as an “unconstitutional exercise of executive fiat” that attempted to “override” the Supreme Court and the basic structure of the Constitution, the AAP government has sought its quashing and an interim stay on it. 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 termed it as a “deception” with the Supreme Court verdict on control of services. The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and 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 the elected government of NCT Delhi with regard to control over the bureaucracy. Noting that the real power of administration must rest with the elected arm of the government, the SC had on May 11 ruled that the Delhi Government has control over ‘services’, excluding the matters relating to public order, police and land.

A five-judge Constitution Bench led by CJI Chandrachud, however, made it amply clear that the powers of the Delhi Assembly and Delhi Government were subject to laws made by Parliament. It was this part of the verdict that the Centre used to promulgate the ordinance.