The Delhi government’s plea challenging the constitutionality of the services control ordinance will be heard by the Supreme Court on July 10. The bench, consisting of Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra, scheduled the matter for consideration after senior advocate Abhishek Singhvi requested an urgent hearing. Singhvi said that the plea challenges the entire ordinance. The bench then set the date for July 10, Monday.
The AAP government argues in its plea that the ordinance is an unconstitutional exercise of executive authority that tries to override both the Supreme Court and the fundamental structure of the Constitution. Along with seeking to have the ordinance quashed, the Delhi government has also asked for a temporary halt to its implementation.
On May 19, the Central government introduced the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. The aim of this ordinance is to establish an authority responsible for transferring and posting Group-A officers in Delhi. The AAP government has criticized it as being deceitful, considering the Supreme Court’s ruling on services control.
The ordinance was introduced a week after the Supreme Court granted control of services to the elected government of Delhi, excluding police, public order, and land. It intends to create a National Capital Civil Service Authority for transfer and disciplinary proceedings of Group-A officers from the DANICS cadre, which includes Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services.
