SC Mulls Sending Delhi Ordinance Row to Constitutional Bench

The Supreme Court on Monday said it might refer the issue concerning the challenge to the Delhi services ordinance of the central government to the constitution bench.

The Supreme Court will now hear the matter on Thursday, July 20.

There are three entries over which Delhi government has no control. What they have done is that by using power under 239AA(vii), they have amended the constitution to take services out of Delhi government control. Is that permissible? I don’t think either constitutional judgement has covered that,” CJI said on Monday.

The Supreme Court was hearing the plea filed by the Delhi government challenging the constitutionality of the ordinance on control of services. A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha was hearing the matter.

Senior advocate Abhishek Singhvi had mentioned the matter seeking urgent hearing on July 6. In its plea, the AAP government has said it is an “unconstitutional exercise of executive fiat” that attempts to “override” the top court and the basic structure of the Constitution.

Delhi Chief Minister Arvind Kejriwal, meanwhile, on Monday thanked Congress president Mallikarjun Kharge for extending his party’ support to the AAP on Delhi Ordinace, saying the issue should be fought tooth and nail.

Kejriwal’s remark comes ahead of a crucial two-day meeting of the 26 opposition parties scheduled to start in Bengaluru later in the day with an agenda to chalk out a joint strategy to take on the BJP in the 2024 Lok Sabha elections.

The BJP-led central government had in May brought an ordinance on the transfer and posting of bureaucrats in Delhi, virtually negating an earlier Supreme Court verdict that had given the elected government in Delhi the control over services matters.

The ordinance seeks to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.

Transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor before the May 11 verdict of the apex court.

(With PTI inputs)