Ordinance on control of services: Supreme Court will hear the petition of Delhi government

Jackson Brown

Services Control Ordinance Case: The Supreme Court will hear on Monday Delhi government’s plea challenging the constitutional validity of the Centre’s ordinance regulating services in the national capital. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha is likely to hear the matter. Senior advocate Abhishek Singhvi mentioned the matter and requested for an urgent hearing.

The Delhi government, in its petition, has said that the ordinance is an unconstitutional use of an executive order, which seeks to violate the basic structure of the apex court and the Constitution. Apart from quashing the ordinance, the Delhi government has also sought an interim stay on it.

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The Central Government had promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 on May 19 with the objective of setting up an authority for transfer and posting of ‘Group-A’ officers in Delhi. Just a week before the ordinance was promulgated, the Supreme Court had handed over control of all services in the national capital, barring police, law and order and land, to the Delhi government.

The Ordinance seeks to constitute the National Capital Public Service Authority for transfer and disciplinary action against ‘Group-A’ officers of the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Services (DANICS) cadres. talks.

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Prior to the apex court’s May 11 verdict, the transfer and posting of all officers of the Delhi government was under the executive control of the Lieutenant Governor. The Delhi government, in its petition, has said that the ordinance is an unconstitutional use of an executive order, which seeks to violate the basic structure of the apex court and the Constitution.

Praying to quash the Ordinance, the petition alleges that it is an unconstitutional exercise of an executive order, which violates the federal, democratic structure of governance enshrined in Article 239AA for the National Capital Territory of Delhi (NCTD).
Chetan Gour (Language)

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