In a significant development, the Supreme Court of India has decided to refer the challenge against the Delhi Services Ordinance to a Constitution Bench. The ordinance, which vests control over civil servants in Delhi with the Central government’s nominee, the Lieutenant Governor, has been a subject of contention between the Aam Aadmi Party (AAP) led Delhi government and the Central government.
The decision was announced by a Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra. The Supreme Court was considering two pleas put forth by the AAP-led Delhi government. The first plea challenged the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which grants the Lieutenant Governor control over services, transfers, postings, and vigilance inquiries of officers in the national capital.
The ordinance was enacted in May, shortly after a Supreme Court Constitution Bench ruled that the Delhi government has the right to control all services, including Indian Administrative Service (IAS) officers, in the national capital. The AAP government’s plea argued that the ordinance takes control over civil servants in Delhi away from the elected government and hands it to the unelected Lieutenant Governor.
The second plea opposed the Lieutenant Governor’s use of the powers granted under the ordinance to appoint his choice of chairperson for the Delhi Electricity Regulatory Commission (DERC). The bench has scheduled the DERC matter for August 4 and indicated that it would propose the name of a protem chairperson for ad-hoc appointment until the petition is resolved.
Senior Advocate Harish Salve, representing the Lieutenant Governor, argued that it would be inappropriate for the Delhi government to propose a list of names. In response, Senior Counsel Abhishek Manu Singhvi, representing the Delhi government, countered that the same argument applies if the Lieutenant Governor were to propose any list, a point the bench agreed with.
Singhvi also argued against referring the ordinances case to the Constitution bench, stating that the matter could be heard by three judges. He further claimed that the Delhi government’s orders were being ignored by bureaucrats, stating,
“No bureaucrat is taking orders. 437 consultants fired. How does Governor have the power under the ordinance to remove the consultants?”
Attorney General R Venkataramani responded by saying that the decision to refer any matter to a constitutional bench is up to the Court. Salve contended that the consultant appointments were illegal. The bench then stated that it would refer the case concerning the validity of the ordinance to a Constitution bench and would upload the order on the Supreme Court website by the end of the day.
The bench declined Singhvi’s request to hear the matter before the Article 370 abrogation hearing, scheduled for the first week of August.
The ongoing tussle between the AAP-led Delhi government and the Central government over the Delhi Services Ordinance continues to be a matter of national interest.