New Delhi: The Supreme Court has issued notice to the Centre and the Lieutenant Governor (LG) of Delhi on a petition challenging the constitutionality of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. The ordinance gives the LG overriding powers over the transfer and posting of bureaucrats in Delhi.
The petition, filed by the Delhi government, argues that the ordinance is an attempt by the Centre to nullify the Supreme Court’s judgment of May 11, 2023, which gave the Delhi government control over “services” in the national capital. The judgment excluded control over the police, public order and land.
The petition also challenges Section 45D of the ordinance, which stipulates that all authorities, boards, commissions, and statutory bodies in and for the National Capital Territory of Delhi (NCTD) shall be constituted by members appointed by the President of India. This includes the Delhi Electricity Regulatory Commission (DERC).
The Delhi government argues that the ordinance is unconstitutional as it violates the principle of federalism and the primacy of the elected government. It also argues that the ordinance is an attempt by the Centre to control the Delhi government and interfere in its functioning.
The Supreme Court has sought the views of the Attorney General of India on the petition. The matter is likely to be heard next week.
The notice by the Supreme Court is a setback for the Centre, which had hoped to retain control over the transfer and posting of bureaucrats in Delhi. The ordinance had been challenged by the Delhi government as well as by several civil society groups.
The Supreme Court’s decision to hear the petition is a positive development as it will provide an opportunity to examine the constitutionality of the ordinance. The court’s judgment will have a significant impact on the governance of Delhi and the relationship between the Centre and the Delhi government.