The Supreme Court indicated on Friday that it would consider scheduling the Delhi government’s plea challenging the central government’s law establishing the pre-eminence of the lieutenant governor over the elected dispensation in controlling services in the national capital.
The Bench
A bench comprising Chief Justice D Y Chandrachud along with Justices JB Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi, representing the AAP government, that the entire administration has come to a standstill and the matter needed to be heard.
The CJI stated that presently a nine-judge bench matter is ongoing and he will consider the submission.
Currently, the nine-judge bench, headed by the CJI, is hearing petitions raising a vexed legal question: whether private properties can be considered “material resources of the community” under Article 39 of the Constitution, which is a part of the Directive Principles of State Policy.
Previous Hearings
On February 9, the Delhi government had previously mentioned the plea for urgent listing before the five-judge Constitution bench. On September 27 last year, the top court had ordered that a common compilation of submissions be filed by both parties in the petition by the Delhi government.
Before this, the CJI-led bench had allowed the Delhi government to amend its petition challenging the central government’s ordinance establishing the pre-eminence of the lieutenant governor over the elected dispensation in controlling services.
Amending the petition became necessary after the ordinance was replaced by a law.
It had taken note of Singhvi’s submissions that earlier the challenge was directed against the ordinance, which later became a law after it was cleared by the two Houses of Parliament and received presidential assent.
GNCTD (Amendment) Act
Parliament passed the Government of National Capital Territory of Delhi Bill 2023, also known as the Delhi Services Bill, which granted the lieutenant governor sweeping control over service matters. After receiving the president’s assent, the bill became law.
Previously, the top court had referred to a five-judge Constitution bench the Delhi government’s plea challenging the Centre’s May 19 ordinance, which took away control over services from the city dispensation and sparked a fresh tussle between the two power centers.
The Centre had promulgated the Government of National Capital Territory of Delhi Ordinance, 2023 on May 19 last year to create an authority for the transfer and posting of Group-A officers in Delhi.
The Aam Aadmi Party government labeled it a “deception” following the Supreme Court verdict on control of services. The matter is still pending in the Supreme Court.
Before the ordinance was promulgated, a five-judge Constitution bench headed by the Chief Justice, in a unanimous verdict, had sought to end the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration as unlike other union territories and having been accorded a ‘sui generis’ status by the Constitution.
The apex court, in the judgment, had affirmed that an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected.
Now, the new law has envisaged a National Capital Civil Service Authority for transfer, posting, and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli Services cadre.
The chief minister is one of the three members of the authority, while the other two are bureaucrats. Decisions by the authority are to be made by a majority, and in the event of a dispute, the matter will be referred to the lieutenant governor, whose decision will be final.
Transfer and posting of all officers of the Delhi government were under the executive control of the lieutenant governor before the top court verdict of May 11 last year.
