Ordinance on control of services: SC issues notice to Centre on Delhi govt's petition

The Supreme Court on Monday (July 10) sought the Centre’s stand on a 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 issued notice to the government and asked senior advocate Abhishek Singhvi, appearing for the AAP government, to amend its plea and add the Lieutenant Governor as party in case. “We’ll issue notice,” the bench said while posting the matter for hearing on July 17.

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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. Besides quashing the ordinance, the Delhi government has also sought an interim stay on it.

The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for transfer and posting of Group-A officers in Delhi. However, the AAP government had termed it as a “deception” with the Supreme Court verdict on control of services.

The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

(With agency inputs)