The Delhi Government has filed a petition before the Supreme Court, challenging the constitutional validity of the Delhi Services Ordinance.
This ordinance grants overriding powers to the Lieutenant Governor (LG) of Delhi, allowing them to oversee the transfers and postings of civil servants in the national capital.
The plea was presented by Senior Advocate AM Singhvi, seeking urgent listing before a bench comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra. The Court has agreed to hear the case on July 10, as directed by the Chief Justice.
The petition, filed by the Aam Aadmi Party (AAP) government, asserts that the ordinance transfers control of civil servants in Delhi from the elected government to the unelected Lieutenant Governor. It was promulgated in May, shortly after a Supreme Court Constitution Bench ruled that the Delhi government has the authority to govern all services, including Indian Administrative Service (IAS) officers, in the national capital. The Supreme Court’s previous ruling emphasized that the governance of elected state governments cannot be taken over by the Central government.
The plea presented to the Supreme Court, through advocate Shadan Farasat, argues that the ordinance:
i) Violates the federal and democratic governance framework outlined in Article 239AA of the Constitution for the National Capital Territory of Delhi;
ii) Exhibits evident arbitrariness;
iii) Legislatively challenges or reviews a judgment of the Constitution Bench;
iv) Constitutes an impermissible and unconstitutional misuse of ordinance-making powers under Article 123 of the Constitution.
