BREAKING: Delhi government moves Supreme Court challenging Delhi Services Ordinance

The Delhi government has moved the Supreme Court challenging the constitutional validity of the Delhi Services Ordinance, which gave overriding powers to the Lieutenant Governor (LG) of Delhi to oversee the transfers and postings of civil servants in the capital..The plea by the Aam Aadmi Party (AAP) government highlights that the Ordinance wrests control over civil servants serving in Delhi from the government of Delhi and gives it to the unelected Lieutenant Governor. ."The ordinance does so without seeking to amend the Constitution of India, in particular Article 239AA of the Constitution, from which flows the substantive requirement that power and control in respect of Services be vested in the elected government," reads the plea..The Ordinance was promulgated a little over a week after a Supreme Court Constitution Bench held that it is the Delhi government which is entitled to control over all services, including Indian Administrative Service (IAS) officers, in the national capital.In that ruling, the Supreme Court had made it clear that the governance of elected governments of states cannot be taken over by the Central government.The top court further held that the Delhi government would have control over all services except those pertaining to land, police and law and order..The plea now moved before the Supreme Court through Advocate Shadan Farasat states that the Delhi Services Ordinance is an unconstitutional exercise of executive fiat that: i) violates the scheme of federal, democratic governance for the National Capital Territory of Delhi in Article 239AA of the Constitution; ii) is manifestly arbitrary; iii) legislatively overrules or reviews a Constitution Bench judgment;iv) is an impermissible and unconstitutional abuse of ordinance-making powers under Article 123 of the Constitution. .The Ordinance, titled the Government of National Capital Territory of Delhi (Amendment) Ordinance, has amended the 1991 Government of National Capital Territory of Delhi Act to give overriding powers to the LG of Delhi when it comes to transfer, posting and control over officers in Delhi.The Ordinance states that it is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central government..The petition, however, contends that the Ordinance "destroys the scheme of federal, Westminster-style democratic governance that is constitutionally guaranteed for NCTD in Article 239AA.""Article 239AA of the Constitution is a sui generis provision in that it constitutionally entrenches for NCTD a Westminster Style democracy, to fulfill the popular, regional, and democratic aspirations of the people of Delhi. The Impugned Ordinance directly violates this scheme of federal, democratic governance incorporated in Article 239AA and, specifically, the principle of ‘collective responsibility’ incorporated in Article 239AA(6)," reads the plea..Further, the Delhi government has contended that the Ordinance completely sidelines the elected government of Delhi when it comes to the control over civil services."This was first attempted by the Respondents in 2015, vide MHA Notification No. SO 1368 (E), the basis of which has already been declared unconstitutional in the 2023 Constitution Bench judgement of this Hon’ble Court. The Impugned Ordinance clearly seeks to revert the situation to what the 2015 Notification had sought to install, in complete disregard for this Hon’ble Court’s authoritative view," reads the plea..The petition challenges the following amendments made to the 1991 Government of NCT of Delhi Act- Shifting power over public services from the elected government to the Union government through the LG;- Establishment of an authority to make recommendations directly to the LG for postings and transfers of, and disciplinary/vigilance action against, civil servants in Delhi;- LG exercising complete control over matters regarding Delhi's Public Account and Consolidated Fund;- Appointments to various boards and commissions in Delhi to be made by the President;- LG and bureaucrats can override cabinet, finalise notes without ministers' concurrence.