Supreme Court To Hear AAP Plea Challenging Centre's Ordinance On Delhi Services Today

AAP has accused the Centre of trying to take 'illegal' control of Delhi through the 'black ordinance' that reversed the effect of Supreme Court's May verdict.

A Supreme Court bench, headed by Chief Justice of India DY Chandrachud, will hear the AAP government's petition on Tuesday challenging the constitutionality of the Centre's ordinance on control of services in Delhi.

Last week, the Arvind Kejriwal-led AAP government approached the Supreme Court over the Centre's ordinance that reversed the effect of Supreme Court verdict in May that gave the local government power over administrative services.

In its petition, the Delhi government stated that the Centre's ordinance was "unconstitutional and it should be immediately put on hold".

The plea submitted that the ordinance wrested control over civil servants serving in the Government of NCT of Delhi (GNCTD) from the Delhi government to the "un-elected" Lt Governor "without seeking to amend the Constitution, in particular Article 239AA" that gives control over services to the elected dispensation.

Besides, the Kejriwal government has also challenged the validity of Section 45D of the ordinance, which gives the Centre control over statutory bodies, commissions, boards and authorities with the power to appoint their members through the President.

Delhi Chief Minister Arvind Kejriwal and his Cabinet ministers have been seeking the support of various political parties to get the legislation blocked if the Centre tables a bill to replace the ordinance in the upcoming Parliament Monsoon session.

After the Supreme Court ruled in May that the Delhi government had executive power over "services", including the Indian Administrative Service (IAS), the Centre brought an ordinance days later making the Lieutenant Governor the final arbiter in the matter.

A 'National Capital Service Authority' was established to make recommendations to the Delhi Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters.

The body will comprise of the Delhi Chief Minister, Chief Secretary and Home Secretary of Delhi government. "Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final," the order read.

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 Supreme Court.