Delhi Government Asks Supreme Court for Early Hearing on Services Control Law
The Delhi Government has asked the Supreme Court to quickly hear its petition against a law that takes away ‘services’ from its control. Senior advocate Abhishek Manu Singhvi, representing the Delhi Government, mentioned the issue before Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra. Singhvi stated that the law is causing problems for the state’s administration.
In July 2023, the Supreme Court referred the Delhi government’s petition against the Government of National Capital Territory (Amendment) Ordinance 2023 to a five-judge Constitution bench. This Ordinance, now an Act, was passed by Parliament in August 2023. It came after the Supreme Court had given control of services in Delhi to the elected government, excluding police, public order, and land. The Act also set up a National Capital Civil Service Authority for handling Group-A officers.
The Delhi government argued that the Central government has overturned the Supreme Court’s decision. The new Act gives the Lieutenant Governor of Delhi the power to oversee civil servant transfers and postings. The Aam Aadmi Party government called the Centre’s move ‘unconstitutional’ and said it destroys the federal governance scheme guaranteed by Article 239AA.
On May 19 last year, the Centre had issued an Ordinance to create an authority for transferring and posting IAS and DANICS officers in Delhi. The Delhi government said this move bypassed the Supreme Court’s verdict on control of services. The Act amends the Government of National Capital Territory of Delhi Act, 1991, and circumvents the Supreme Court’s judgement in the Centre vs Delhi case.
On May 11 last year, the Supreme Court ruled that the division of administrative powers between the Union and Delhi government must be respected. The court held that the Delhi government has legislative and executive power over services in the national capital, except for public order, police, and land. A five-judge Constitution bench, including Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, stated that the division of administrative powers must be respected.