Ordinance row: SC to hear Delhi Govt's plea on July 10

New Delhi, July 6

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The Supreme Court (SC) on Thursday agreed to take up on July 10 the Delhi Government’s petition challenging the constitutional validity of the Delhi Services Ordinance, 2023, that gave wider powers to the Centre/L-G with regard to control over bureaucracy in the national capital.

“List on July 10, Monday,” a Bench led by Chief Justice of India DY Chandrachud said after senior advocate Abhishek Manu Singhvi mentioned it for urgent listing.

Singhvi clarified that the AAP government’s earlier petition in connection with the 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 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 the transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.