The Supreme Court on Thursday referred the Delhi Government’s petition challenging the National Capital Territory of Delhi (Amendment) Ordinance, 2023 — that gives wider powers to the Lieutenant Governor (L-G) with regard to control over the bureaucracy — to a Constitution Bench for a final adjudication of the contentious issue.
“We will refer it to a Constitution Bench,” a three-judge Bench led by CJI DY Chandrachud said, adding a detailed order would be uploaded on the top court website later.
The Bench decided to refer it to a Constitution Bench after hearing brief submissions from senior advocates Abhishek Singhvi, Harish Salve and Solicitor General Tushar Mehta, representing the Delhi Government, the L-G and the Centre, respectively.
The Centre had on May 19 promulgated the ordinance to create an authority for transfer and posting of Group-A officers in Delhi. Coming barely a week after the SC handed over the control of services in Delhi excluding police, public order and land to the elected government, it seeks to set up a National Capital Civil Service Authority for transfer of disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services cadre.
The Centre and its nominee L-G have been embroiled in a legal battle with AAP with regard to control over the bureaucracy, with the latter terming the ordinance a “deception” with the top court’s verdict. However, the SC on July 10 refused to stay the ordinance even as it issued notice to the Centre.