Supreme Court to take up Delhi Govt’s plea against ordinance today
New Delhi, July 9
The Supreme Court will on Monday hear the Delhi Government’s petition challenging the constitutional validity of 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 had on Thursday agreed to take up the plea on July 10 after senior advocate Abhishek Manu Singhvi mentioned it for urgent listing. Singhvi had clarified that the AAP Government’s earlier petition in connection with appointment of DERC Chairperson challenged only Section 45D of the ordinance while he was talking about the petition challenging the ordinance as a whole.
Terming the promulgation of 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 Aam Aadmi Party (AAP) government has 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 (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 landon 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.
