Supreme Court refuses to stay Delhi Services Ordinance giving wider powers to LG; issues notice to Centre

Satya Prakash

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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/LG with regard to control over bureaucracy in the national capital.

A Bench led by Chief Justice of India DY Chandrachud, however issued notice to the Centre 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.

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 the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

The Centre and its nominee Lt Governor 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 Supreme Court had on May 11 ruled that the Delhi Government has control over ‘services’ in the National Capital Territory, excluding the matters relating to public order, police and land.

A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud had held that the Delhi Lt Governor shall be bound by decisions of the Government of NCT of Delhi over the bureaucracy, except the three subjects i.e. public order, police and land on which the Centre exercises its authority through the LG.

However, the Constitution Bench 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 which the Centre has used to promulgate the Ordinance to set up a ‘National Capital Civil Service Authority’ with powers to recommend transfer and posting of Group A and DANICS officers serving in Delhi.