LI Network
Published on:17 July 2023 at 16:30 IST
The Supreme Court is considering the possibility of referring the Delhi government’s challenge to the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to a Constitution Bench [Government of NCT of Delhi v. Union of India and ors].
Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra expressed concerns about the use of power under clause 7 of Article 239AA to remove services from the jurisdiction of the Delhi government.
The court aims to determine whether such actions are permissible and whether they effectively amend the Constitution.
During the hearing, the Court also appealed to both the elected government of Delhi and the Lieutenant Governor (LG) to put aside their political differences and collaboratively suggest a suitable candidate for the position of Delhi Electricity Regulatory Commission (DERC) Chairperson.
Chief Justice Chandrachud emphasized the need for the two constitutional functionaries to focus on governance and resolve issues together.
The Court scheduled the next hearing for Thursday, informing the present counsels of this development. Senior Advocate AM Singhvi represented the elected Delhi government, while Solicitor General Tushar Mehta and Senior Advocate Harish Salve appeared on behalf of the Lieutenant Governor.
Last week, the Supreme Court sought responses from the Central government and the Lieutenant Governor of Delhi (LG) regarding the plea by the Delhi government challenging the constitutional validity of the Delhi Services Ordinance. The ordinance grants overriding powers to the LG in overseeing the transfers and postings of civil servants in the national capital. The Aam Aadmi Party (AAP) government argued that the ordinance undermines the elected government’s control over civil servants and grants disproportionate authority to the unelected LG.
The ordinance was promulgated in May, shortly after a Supreme Court Constitution Bench ruled that the Delhi government has the authority to control all services, including Indian Administrative Service (IAS) officers, in the national capital.
Additionally, the Court addressed the Delhi government’s plea challenging the appointment of Justice Umesh Kumar as DERC Chairperson, which the LG justified using the newly-promulgated ordinance. The Supreme Court’s consideration of these matters signifies the importance of constitutional interpretation and the balance of power between elected bodies and appointed officials.