SC notice to Center on Delhi government’s plea challenging Services Ordinance

New Delhi: The Supreme Court on Monday issued notice to the Center on a plea by the Delhi government challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, issued by the Center relating to control over bureaucrats. A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha sought response from the Center and posted the matter for hearing on July 17 to consider the prayer for stay on the ordinance. *It also asked the Delhi government to implead the Lieutenant Governor in the matter.

Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, cited provisions like Section 45K of the Ordinance, saying they were giving overriding powers to the Lieutenant Governor (LG) and the Ordinance was contrary to the pillars of the Supreme Court judgement. ,

Singhvi said the ordinance has diluted the role of the elected government and the chief minister and also cited the recent decision taken by the LG to remove several advisors appointed by the government. The Delhi Services Ordinance gives overriding powers to the Lieutenant Governor of Delhi to oversee transfers and postings of civil servants in the national capital.

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Approaching the apex court, the Aam Aadmi Party government said the Centre’s ordinance was “unconstitutional”. “The Government of the National Capital Territory of Delhi (Amendment) Ordinance, 2023 promulgated on May 19, 2023, which takes away control over civil servants serving in the Government of NCT of Delhi (GNCTD) from the GNCTD to the unelected Lieutenant Governor (LG). ) This India It does so without seeking amendment of the Constitution of India, particularly Article 239AA of the Constitution, from which emanates the basic requirement that the power and control in respect of the Services should be vested in the elected government,” the plea said.

The petition states that the impugned Ordinance subverts the scheme of federal, Westminster-style democratic governance that is constitutionally guaranteed under Article 239AA to the NCTD. In the petition, the Delhi government has urged the apex court to give appropriate directions to quash the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023.

The Center on May 19 issued an ordinance to create an authority for transfer and posting of IAS and DANICS officers in Delhi, a move the Delhi government termed as a violation of the Supreme Court’s judgment on deregulation of the services.

The ordinance was brought to amend the Government of the National Capital Territory of Delhi Act, 1991 and it overrides the Supreme Court’s decision in the case of Center Vs Delhi.

*According to the petition, the impugned Ordinance is an unconstitutional exercise of executive order* that it violates the scheme of federal, democratic governance established for the NCTD in Article 239AA, is manifestly arbitrary, legislatively held by the Constitution Bench of the Apex Court Overrules/Reviews the decision. Date 11 May 2023.

The ordinance, which came a week after the Supreme Court handed over control of services in Delhi except police, public order and land to the elected government, seeks to set up a national capital civil service authority to handle transfers and disciplinary proceedings. Against Group-A officers.

On 11 May, the Supreme Court ruled that the division of administrative powers between the Center and the Delhi government “must be respected” and held that the Delhi government has “legislative and executive power over services” in the national capital, including bureaucrats except those relating to public order, police and land.

A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha had said, “The division of administrative powers between the Union and the Government of the National Capital Territory of Delhi (NCTD) as has been explained… should be respected.”

The apex court, in its 105-page judgement, said that the Delhi government is not at par with other union territories.