From Our Bureau\
NEW DELHI: A Supreme Court bench led by Chief Justice D Y Chandrachud on Thursday agreed to hear Delhi Government’s challenge to the Centre’s Ordinance to control services in the national capital on Monday as it puts the Lieutenant Governor back in the driver’s seat defying the top court’s ruling.
Senior advocate A.M. Singhvi, for the Delhi Government, mentioned the plea for urgent listing. The CJI referred to the Delhi Government’s separate challenge against the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson, posted on Tuesday for hearing.
Singhvi said this was a separate challenge against the entirety of the ordinance. The Arvind Kejriwal Government has argued that the National Capital Territory of Delhi (Amendment) Ordinance, 2023 was promulgated within just eight days of the Supreme Court’s May 11 verdict in favour of the authority of Delhi Government to make laws and administer civil services in the national capital.
The May 11 judgment of a Constitution Bench led by Chief Justice Chandrachud had limited the role of the Lieutenant Governor (L-G), an arm of the Centre, over bureaucrats in the capital to three specific areas — public order, police and land.
“The ordinance has now wrested control over civil servants serving in Delhi from the Government of NCT of Delhi to the unelected Lieutenant Governor… It has done so without seeking to amend the Constitution, in particular Article 239AA, which holds that the power and control over services should be vested in the elected government,” the Delhi Government, also represented by advocate Shadan Farasat, has submitted.
The government said the ordinance upends the Constitution Bench judgment without “altering its basis”, that is, explaining why the court’s decision to give the authority over services to the elected government was wrong in law.
The petition challenges provisions in the ordinance which mandates the formation of a “permanent” National Capital Civil Service Authority (NCCSA) with the Chief Minister, as chairperson, and the Chief Secretary and Principal Home Secretary as Member and Member Secretary, respectively.
“The Authority [NCCSA] is designed in such a way that the head of the elected government, the Chief Minister of Delhi, presides over his own minority. The two bureaucrats can outvote him, hold meetings, make recommendations in his absence… the ordinance shows contempt for the elected Assembly and government while making a pretence of their involvement through the Chief Minister,” the petition has contended.
