Delhi ordinance: The Supreme Court on Monday (July 10) will hear a plea filed by the Delhi Government challenging the constitutional validity of the ordinance brought in by the Centre with regard to control over services in the national capital.
A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Mishra is likely to hear the matter. Senior Advocate Abhishek Singhvi had mentioned the matter on behalf of the AAP government before the bench seeking an urgent hearing on July 6.
‘Unconstitutional exercise of executive fiat’
The Aam Aadmi Party (AAP) Government had approached the apex court against the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (‘Impugned Ordinance), promulgated on May 19, saying that it is an "unconstitutional exercise of executive fiat" that attempts to "override" the top court and the basic structure of the Constitution. The Delhi government has sought an immediate interim stay and quashing of the ordinance.
Delhi Ordinance
To create authority for the transfer and posting of Group-A officers in Delhi, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, on May 19. The Kejriwal government has termed the Ordinance 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 Ordinance was brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the Supreme Court judgement in the Centre vs Delhi case. On May 11, a five-judge Constitution bench headed by Chief Justice D Y Chandrachud ruled that the division of administrative powers between the Union and Delhi government "must be respected" and held that the Delhi government has "legislative and executive power over services" in the national capital, including the bureaucrats, except those relating to public order, police and land.
Transfer and postings of all officers of the Delhi government were under the executive control of the LG before the May 11 top court verdict.
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