Supreme Court Considers Referring GNCD Ordinance to Constitution Bench

The Supreme Court discussed the possibility of referring the Delhi government’s challenge against the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to a Constitution Bench. This ordinance had raised concerns as it utilized the power under clause 7 of Article 239AA to remove certain services from the jurisdiction of the Delhi government, essentially amending the Constitution.

The Bench, consisting of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Mishra, expressed the need to determine the permissibility of such actions and decided to hear the challenge by a Constitution Bench.

The Apex Court was hearing a matter related to the appointment of DERC Chairman.

The Court encouraged the elected Delhi government and the Lieutenant Governor to set aside their political differences and cooperate in suggesting a name for the chairperson of the Delhi Electricity Regulatory Commission (DERC). Chief Justice Chandrachud emphasized the importance of these constitutional functionaries working together for the greater good of governance.

The next hearing on this matter is scheduled for Thursday 21 July 2023. Senior Advocate AM Singhvi represented the elected Delhi government, while Solicitor General Tushar Mehta and Senior Advocate Harish Salve represented the Lieutenant Governor.

Previously, the Supreme Court had sought responses from the Central government and the Lieutenant Governor of Delhi on the Delhi government’s plea challenging the constitutional validity of the Delhi Services Ordinance. This ordinance granted the Lieutenant Governor overriding powers in managing transfers and postings of civil servants in the national capital, thereby taking control from the elected government.

The plea by the Aam Aadmi Party (AAP) government argued that this ordinance deprived the elected government of its rightful control over civil servants, as established by a previous Supreme Court Constitution Bench ruling that the Delhi government holds authority over all services, including IAS officers, in the national capital.

Furthermore, during the current hearing, the Court addressed the plea by the Delhi government contesting the appointment of Justice Umesh Kumar as DERC Chairperson, with the Lieutenant Governor relying on the recently-promulgated ordinance in defense of the appointment.