The Supreme Court on Monday issued a notice to the Centre in response to a plea filed by the AAP-led Delhi government challenging the constitutional validity of an ordinance pertaining to the control over bureaucrats.
A bench headed by the Chief Justice of India (CJI) DY Chandrachud declined an urgent stay on the Delhi Services Ordinance and stated that as the ordinance is in effect, the matter must be heard first before any action can be taken.
“We’ll issue notice,” the bench said while posting the matter for hearing on July 17.
The Aam Aadmi Party (AAP) government has filed a plea stating that the recently issued ordinance by the Centre is an “unconstitutional exercise of executive fiat” and aims to override both the Supreme Court and the fundamental principles of the Constitution. In addition to seeking the quashing of the ordinance, the Delhi government has also requested an interim stay on its implementation.
Interim Relief
Advocate Abhishek Manu Singhvi, appearing for the AAP government, said respondents shall have time to respond to the interim application. He noted that the significance of the “triple chain of accountability” in governance, as emphasised by the Supreme Court’s Constitution Bench judgment referred to provisions like Section 45K of the Ordinance, which, according to him, grant excessive powers to the Lieutenant Governor, overriding the principles outlined in the Supreme Court’s verdict. Singhvi argued that the Ordinance directly contradicts the fundamental principles established by the Supreme Court, according to Live Law.
The matter will be listed on Monday to consider the issue of interim relief.
Senior Advocate Sanjay Jain argued that the Lieutenant Governor (LG) had not been included as a party in the writ petition. Consequently, the bench granted the petitioner the freedom to amend the petition in order to include the LG as a party.
Solicitor General of India Tushar Mehta mentioned that while challenging the ordinance, something else has also been challenged. Under Ordinance 101, certain actions can be taken, but not everything can be addressed in this particular case, according to the SG’s remarks.
On May 19, the Centre introduced the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which establishes an authority responsible for the transfer and posting of Group-A officers in Delhi.
AAP’s Criticism Against Centre’s Ordinance over Control of Services
The Arvind Kejriwal-led AAP government criticised the move as a “deception” following the Supreme Court’s verdict on control of services, where it granted the elected government control over services in Delhi except for police, public order, and land matters.
The ordinance aims to establish a National Capital Civil Service Authority for the transfer and disciplinary proceedings of Group-A officers from the DANICS cadre, which includes officers from Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services.
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