Supreme Court issues notice to centre on Delhi Government’s plea challenging services ordinance

The Supreme Court on Monday issued notice to the Union Government on a writ petition filed by the Delhi Government challenging Centre's ordinance taking away the powers of Government of National Capital Territory of Delhi (GNCTD) from 'services'.

The bench comprised of Chief Justice of India DY Chandrachud and Justice PS Narasimha. Government of National Capital Territory (Amendment) Ordinance 2023, was promulgated by the President on May 19, just a week after a Constitution Bench of the Supreme Court pronounced that the Delhi Government has power over Entry of List II (services). It envisages that a committee comprising the Chief Minister and two senior bureaucrats will make the recommendations to the Lieutenant Governor regarding transfer and postings of civil servants; however, the LG will have ‘sole discretion’ in taking the decision. The Impugned Ordinance, thus, completely sidelines the elected Government, i.e. the GNCTD,from control over its civil service", the Delhi Government states, pointing out that similar end was sought to be achieved by the Central Government through its 2015 notification, which was invalidated by the Supreme Court. It is also pointed out that as per Article 239AA, the Delhi Government has powers over all matters in the state list except three specified subjects - law and order, police and land. However, the Ordinance has the effect of adding the subject of "services" to the exempted categories, without a Constitutional amendment.