Ordinance row: SC issues notice to Centre on Delhi government’s plea

NEW DELHI — The Supreme Court on Monday sought response of the Centre on the Delhi government’s plea challenging the constitutionality of the ordinance brought by it on control of services in the national capital in wake of the apex court order.

A bench of Chief Justice D.Y. Chandrachud and Justices P.S. Narasimha directed that Lt Governor of Delhi will also be added as a party in the matter.

 “We issue notice. Make it returnable after two weeks. LG of Delhi be impleaded as a party respondent and let the plea be amended accordingly,” it said.

The top court said that it will consider on July 17, the question of interim stay on ordinance as well as on LG’s decision to terminate over 400 consultants who were appointed by the Delhi government.

On Monday, the Supreme Court declined to pass any interim relief in the plea filed by the AAP-led Delhi government.

Earlier on Wednesday, the Services Department of the Delhi government issued a directive, instructing all departments to halt the engagement of advisors, fellows and consultants .The order said appointments can no longer be made without obtaining prior approval from the Lt Governor.

The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create a National Capital Civil Service Authority for transfer and posting of Group-A officers in Delhi. The Ordinance was brought after a five-judge Constitution Bench of the Supreme Court had granted control over services in Delhi excluding police, public order and land to the elected government. Thereafter, Delhi’s AAP government had moved the Supreme Court challenging the constitutionality of the Ordinance, saying it violates the scheme of federal, democratic governance entrenched for the NCTD in Article 239AA and is manifestly arbitrary, and sought an immediate stay.

On May 20, the Centre had also moved the Supreme Court seeking review of its May 11 judgment.