The Supreme Court has issued a notice to the Central government in response to a plea filed by the Aam Aadmi Party (AAP)-led Delhi government challenging the constitutional validity of an ordinance that grants control over bureaucrats.
The Chief Justice of India (CJI), DY Chandrachud, led the bench and declined an urgent stay on the Delhi Services Ordinance, stating that the matter needs to be heard before any action can be taken as the ordinance is currently in effect. The bench has scheduled the hearing for July 17.
The Delhi government's plea argues that the recently issued ordinance by the Central government is an "unconstitutional exercise of executive fiat" that aims to override 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.
During the hearing, Advocate Abhishek Manu Singhvi, representing the Delhi government, highlighted the significance of the "triple chain of accountability" in governance, as emphasized by a previous Constitution Bench judgment of the Supreme Court. Singhvi pointed out that certain provisions of the ordinance, such as Section 45K, grant excessive powers to the Lieutenant Governor, contradicting the principles established by the Supreme Court. He argued that the ordinance directly goes against the fundamental principles outlined by the Supreme Court.
While initially hesitant to consider a stay on the ordinance, the bench agreed to hear the plea for interim relief next week. Senior Advocate Sanjay Jain noted that the Lieutenant Governor had not been included as a party in the writ petition, and the bench granted the petitioner the liberty to amend the petition accordingly.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, was introduced by the Central government on May 19. The ordinance establishes an authority responsible for the transfer and posting of Group-A officers in Delhi. The Delhi government's petition challenges the ordinance, asserting that it violates the scheme of federal, democratic governance enshrined in Article 239AA of the Constitution. The petition argues that the ordinance undermines the principle of federalism and the primacy of the elected government.
The ordinance stipulates that a committee comprising the Chief Minister and two senior bureaucrats will make recommendations to the Lieutenant Governor regarding the transfer and postings of civil servants. However, the Lieutenant Governor has "sole discretion" in making the final decision, effectively sidelining the elected government's control over the civil service.
The hearing in the Supreme Court will provide an opportunity to address the constitutional concerns raised by the Delhi government and determine the validity and implications of the ordinance on the power dynamics between the elected government and the Lieutenant Governor.
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