Supreme Court Issues Notice To Centre On Delhi Govt's Plea Challenging Ordinance On Services

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

Delhi Lt Governor Vinai Kumar Saxena and Delhi Chief Minister Arvind Kejriwal

The Supreme Court issued a notice to the Centre on the plea filed by the Delhi government challenging constitutionality of the ordinance on control of services in the national capital, PTI reported. A bench headed by Chief Justice of India DY Chandrachud directed the Delhi government to amend its plea and add the Lieutenant Governor as party in case.

The top court was hearing a petition by the AAP government challenging the Centre's ordinance that reversed the effect of Supreme Court verdict in May that gave the local government power over Delhi's administrative services.

In its petition, the Delhi government had stated that the Centre's ordinance was "unconstitutional and it should be immediately put on hold". Besides quashing the ordinance, the AAP government had also sought an interim stay on it.

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.