SC to hear plea on ‘ordinance on control of services’ on 10 July

The Supreme Court is all set to hear a plea on 10 July, filed by the Delhi government challenging the constitutionality of the ordinance on control of services.

As per details, a bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha may hear the matter. Earlier, senior Supreme Court advocate Abhishek Singhvi mentioned the matter seeking an urgent hearing on 6 July.

The Arvind Kejriwal-led Aam Aadmi Party government in its plea had said it is an ‘unconstitutional exercise of executive fiat’ that attempts to ‘override’ the top court and the basic structure of the Constitution. Apart from this, the Delhi government has also sought an interim stay on it.

On 19 May, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi.

The Delhi government termed it as a ‘deception’ with the Supreme Court verdict on control of services.

The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order, and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

As per details, the transfer and postings of all officers of the Delhi government were under the executive control of the LG before the 11 May top court verdict.

In its plea, the Delhi government has said the ordinance, which came days after the apex court verdict, is a plain attempt to ‘override’ the top court and the basic structure of the Constitution itself vide executive fiat.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, had put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other union territories and has been ‘accorded a ‘sui generis (unique) status by the Constitution.

With agency inputs.

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Updated: 09 Jul 2023, 03:12 PM IST

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