The Supreme Court on Monday said that it is considering sending the plea filed by the Delhi government, challenging the Centre’s ordinance on services, to a Constitution bench. A top court bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising and Justices P S Narasimha, presided over the hearing.
The bench will continue to hear the matter on Thursday.
Apart from the challenge to the Centre’s ordinance, the apex court also addressed the plea challenging the Lieutenant Governor’s (LG) decision to appoint the Delhi Electricity Regulatory Commission (DERC) chairman without the concurrence of the Delhi government.
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CJI Chandrachud stated, “We will hear this (DERC) matter on Thursday after the Constitution bench rises.”
The Aam Aadmi Party (AAP), in its argument, described the Centre’s ordinance as an “unconstitutional exercise of executive fiat” aimed at “overriding” the Supreme Court and the basic structure of the Constitution.
On May 19, 2023, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. This ordinance establishes the ‘National Capital Civil Services Authority’, consisting of the Delhi Chief Minister, Chief Secretary, and Home Secretary of the Delhi Government.
The authority now holds the power to make decisions concerning the transfer and posting of Group ‘A’ officers and DANICS officers serving in the Delhi Government.
The AAP government criticised the ordinance, considering it a violation of the Supreme Court’s verdict on the control of services. Prior to the Supreme Court’s decision on May 11, the LG had executive control over the transfer and postings of all officers in the Delhi government.
In another related development, the Supreme Court urged the Centre and the AAP-led Delhi government to resolve the matter regarding the appointment of the DERC chairperson through mutual discussions, and ‘to sit together’ and sort the matter out, according to India Today.
The appointment of Justice Kumar as the DERC chairperson has become yet another point of contention in the ongoing power struggle between the AAP government and the Centre.