Delhi Ordinance: The Supreme Court on Thursday referred the Delhi government’s plea challenging Centre's Services Ordinance, to a five-judge Constitution bench.
SC bench led by CJI D Y Chandrachud said, “5-Judge bench would hear the Delhi government's petition challenging the constitutional validity of the Ordinance after the conclusion of proceedings in the challenge to the 2019 decision abrogating Article 370 of the Constitution.”
Solicitor General Tushar Mehta appeared on behalf of the Centre.
The top court had recently issued notices to the Centre and the lieutenant governor on the plea while refusing to grant an interim stay on the ordinance on control over services in Delhi.
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, which triggered a clash with the Arvind Kejriwal government.
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.
What is 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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