Not Just Ordinance: Centre Approaches Supreme Court Over Review Of Judgement Regarding Powers Of L-G In NCT

The Government of India has approached the Supreme Court, seeking a review of the court's verdict from 11 May on the NCT matter. 

The apex court had ruled that the Delhi Government has the legislative and executive powers over services, except for public order, police, and land. The Centre however argues that the judgment overlooks the fact that the functioning of the government in the capital city has implications for the entire nation.

To this end, the Centre has recently issued an ordinance, establishing the National Capital Civil Service Authority. This authority will be responsible for dealing with service conditions, as well as the transfer and posting of officials.

Additionally, the Centre has submitted an application to the Supreme Court, requesting an open court hearing for the review petition. The Centre contends that the issue at hand pertains to the functioning of the government machinery in the National Capital Territory of Delhi. It asserts that denying an oral hearing would result in grave injustice.

The review petition, settled by Solicitor General Tushar Mehta, states that " The said judgment suffers from an error apparent on the face of the record as it suffers from a fundamental fallacy inasmuch as it ignores that working and functioning of the capital government affects the nation as a whole." 

The petition further argues that the judgment fails to acknowledge that the Lieutenant Governor or the Central Government, as nominees of the President, are also manifestations of democracy, comparable to the elected government of Delhi.

As regarding the ordinance to establish the National Capital Civil Service Authority, the said authority will not only make decisions regarding service conditions, transfer, and posting of officers but will also handle disciplinary proceedings concerning Group-A officers from the DANICS cadre (The Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services ).

The five-judge constitution bench, headed by Chief Justice D Y Chandrachud, stated in their unanimous verdict that the administration of the National Capital Territory is distinct from other Union Territories and has been accorded a unique status by the Constitution.

The Centre's plea before the Supreme Court argues that the verdict contains erroneous as it has not addressed the Centre's arguments concerning the absence of a separate service cadre for Union territories in the Constitution. The Centre asserts that, "the said judgment ignores the said argument put forth by the Union of India and same goes to the root of the matter as the same is critically connected to the question of the decision over Entry 41 List II of the Seventh Schedule of the Constitution of India."