Delhi govt vs Centre ordinance row: In a latest update to a plea filed by the Delhi government challenging the constitutionality of the ordinance on control of services, the Supreme Court on Thursday agreed to hear the matter on July 10.
After senior advocate, Abhishek Singhvi mentioned the matter seeking urgent hearing, a bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and Manoj Misra posted the matter for consideration. "This is a plea challenging the ordinance in whole. List on July 10, Monday," Singhvi said.
'Unconstitutional exercise of executive fiat'
The AAP administration claims that it is an "unconstitutional exercise of executive fiat" that seeks to "override" the Supreme Court and the basic principles of the Constitution in its legal argument. The Delhi administration has asked for both a temporary stay and a quashing of the legislation.
To establish a procedure for the transfer and posting of Group-A officers in Delhi, the Centre had enacted the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, on May 19. The Supreme Court's decision regarding service control has been characterised as a "deception" by the Aam Aadmi Party (AAP) government.
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.
Why the Ordinance was brought?
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 the Supreme Court 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.
The plea said a democratic and federal form of government, so also the non-retrogression of such forms, are basic features of our Constitution. "This attempt to withdraw and erode the democratic, federal voice guaranteed to the people of Delhi after over 30 years of its recognition, could not have been done via constitutional amendment, let alone through the impugned ordinance," it said.
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It said under the scheme of Article 239AA, the LG enjoys discretion only in matters falling outside the GNCTD's legislative and executive domain, and in all other matters (including 'Services') is bound by the aid and advice of the Council of Ministers. The ordinance stated that there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it. The apex court in its 105-page-judgement said that the government of Delhi is not similar to other Union Territories.
(With inputs from agencies)
