The Supreme Court will hear on Monday the Delhi government’s plea challenging the constitutional validity of the Centre’s ordinance regulating services in the national capital. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha can hear the matter. Senior advocate Abhishek Singhvi had mentioned the matter and requested for an immediate hearing. The Delhi government has said in its petition that this ordinance is an unconstitutional use of an executive order, which seeks to violate the Supreme Court and the basic structure of the Constitution.
Delhi government requested
Apart from repealing the ordinance, the Delhi government has also requested for an interim stay on it. The Central Government issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 on May 19 with the objective of setting up an authority for transfer and posting of Group-A officers in Delhi. Just a week before the ordinance was promulgated, the Supreme Court had handed over the control of all services except police, law and order and land in the national capital to the Delhi government. The Ordinance seeks to constitute the National Capital Public Service Authority for transfer and disciplinary action against Group-A officers of the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Services (DANICS) cadres. Is.
Attempt to violate the basic structure of the Supreme Court and the Constitution
Prior to the Supreme Court’s May 11 decision, the transfer and posting of all officers of the Delhi government was under the executive control of the Lieutenant Governor. The Delhi government has said in its petition that this ordinance is an unconstitutional use of executive order, which seeks to violate the Supreme Court and the basic structure of the Constitution. Praying to quash the ordinance, the petition alleges that it is an unconstitutional use of an executive order, which violates the federal, democratic structure of governance enshrined in Article 239 AA for the National Capital Territory of Delhi (NCTD).
