Delhi Government's Plea Against Centre's Ordinance To Be Heard By Five-Judge Constitution Bench

The Delhi government's petition challenging the Centre's services ordinance has been referred to a five-judge Constitution bench by the Supreme Court.

This move comes after the Supreme Court expressed its inclination to send the plea to a Constitution Bench, stating that there are legal aspects that have not been addressed by previous benches.

The Delhi government approached the Supreme Court against the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. They requested an immediate interim stay, arguing that the ordinance completely sidelines the elected government's control over its civil service.

The plea highlighted that the ordinance does not seek to amend the Constitution of India, specifically Article 239AA, which mandates power and control over services to be vested in the elected government.

In response to the Delhi government's plea, the Supreme Court has decided to refer the matter to a five-judge Constitution bench. The court acknowledged the legal aspects that have not been dealt with in previous hearings and deemed it necessary for a Constitution Bench to address these issues.

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was issued on 19 May by the Centre.

This ordinance establishes a National Capital Civil Service Authority, responsible for the transfer and posting of Group-A officers in Delhi. The Authority consists of three members, including the Chief Minister and two bureaucrats.

Decisions made by the Authority will be determined by a majority vote. In the case of a dispute, the matter will be referred to the L-G, whose decision will be final.