Supreme Court to hear Delhi government's plea against Delhi Services Ordinance on July 10
The Delhi Government has moved the Supreme Court challenging the constitutional validity of the Delhi Services Ordinance, which gives overriding powers to the Lieutenant Governor (LG) of Delhi to oversee the transfers and postings of civil servants in the national capital [Government of NCT of Delhi vs Union of India and ors].
The petition was mentioned by Senior Advocate AM Singhvi before a bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra for urgent listing.
The Court agreed to hear the plea on July 10.
"List on July 10, Monday," the CJI directed.
The plea by the Aam Aadmi Party (AAP) government said that the ordinance wrests control over civil servants serving in Delhi from the elected government of Delhi and gives it to the unelected Lieutenant Governor.
The ordinance was promulgated in May, a little over a week after a Supreme Court Constitution Bench held that it is the Delhi government that is entitled to control over all services, including Indian Administrative Service (IAS) officers, in the national capital.
In that ruling, the Supreme Court had made it clear that the governance of elected governments of States cannot be taken over by the Central government.
The plea moved before the Supreme Court through advocate Shadan Farasat said that the ordinance:
i) violates the scheme of federal, democratic governance for the National Capital Territory of Delhi in Article 239AA of the Constitution;
ii) is manifestly arbitrary;
iii) legislatively overrules or reviews a Constitution Bench judgment;
iv) is an impermissible and unconstitutional abuse of ordinance-making powers under Article 123 of the Constitution.