The Supreme Court on Thursday referred to a 5-judge Constitution Bench the petition filed by the Delhi Government challenging the recent Ordinance promulgated by the Centre to take away "services" from the control of the Government of National Capital Territory of Delhi.
The top court had recently issued notices to the Centre and the lieutenant governor on the plea while refusing to grant an interim stay on the ordinance on control over services in Delhi. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said the detailed order referring the case to a larger bench will be uploaded on the apex court website later in the day.
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Senior Advocate Abhishek Singhvi appearing for the Government of National Capital Territory of Delhi (GNCTD) contended that the ordinance was against the provisions of Article 239AA as it dilutes the powers of the elected government. "The impugned ordinance abolishes the constitutional scheme...Art 239AA(7) - it is not meant to change the constitution itself, it is for facilitation," he submitted.
Singhvi further requested that the case be given priority hearing, ahead of the Constitution Bench hearing in the Article 370 cases, as the issue involved is a "short point". However, the bench made it clear that it cannot change the schedule of Article 370 hearing.
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The Centre had issued the ordinance on May 19, establishing a National Capital Civil Service Authority responsible for the transfer and disciplinary proceedings of Group-A officers in Delhi. This move came in response to a Supreme Court verdict on May 11, which granted control of services in the capital, excluding police, public order, and land, to the elected government.
The Aam Aadmi Party (AAP) government termed it a "deception" with the Supreme Court verdict handing over the control of services to the city government, barring in spheres of land, public order and police, and moved the top court with a fresh petition.
Following the promulgation of the ordinance, Chief Minister Arvind Kejriwal has been reaching out to leaders of non-BJP parties to seek their support against the ordinance. The Congress party on Sunday said that it would not support the Centre's ordinance on the control of services in Delhi in the Parliament which paved the way for AAP to attend the second Opposition meeting in Bengaluru.
