Supreme Court seeks Central government response on AAP government's plea against Delhi Services Ordinance, termination of 437 consultants

The Supreme Court Monday sought the response of the Central government on a plea by the Delhi government challenging the constitutional validity of the Delhi Services Ordinance, which gives overriding powers to the Lieutenant Governor (LG) of Delhi to oversee the transfers and postings of civil servants in the national capital [Government of NCT of Delhi vs Union of India and ors]..A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha also directed that the Lieutenant Governor of Delhi (LG), Vinai Kumar Saxena be impleaded as respondent in the case. "We issue notice. Make it returnable after two weeks. LG of Delhi be impleaded as a party respondent and let the plea be amended accordingly," the Court said.The Court also said that it will hear on July 17, the prayer for interim relief including stay of ordinance as well as stay on LG's decision to terminate 437 consultants who were appointed by the Delhi government. .The plea by the Aam Aadmi Party (AAP) government said that the ordinance wrests control over civil servants serving in Delhi from the elected government of Delhi and gives it to the unelected Lieutenant Governor.The ordinance was promulgated in May, a little over a week after a Supreme Court Constitution Bench held that it is the Delhi government that 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 plea moved before the Supreme Court through advocate Shadan Farasat said that the ordinance: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..During the hearing today, Senior Advocate Abhishek Manu Singhvi said that the ordinance gives a carte blanche to the Chief Secretary of the Delhi to disobey the elected government of Delhi. "Independent consultants hired by Oxford, Cambridge etc have been fired by the LG. How many times act of parliament has been stayed by this court let alone ordinance? How can a Constitution judgment be nullified," he demanded.Singhvi also asked for a stay on the same.Solicitor General (SG) Tushar Mehta, appearing for the Central government said that the decision to remove consultants was based on some shocking facts."There are some shocking facts on the basis of which we had done this," SG said."Please grant a qualified stay and call this on Friday. Salary is stopped, pay is stopped," Singhvi responded."The consultants have not approached," SG responded."I am their employer.. I have approached," Singhvi replied.."One of the person appointed was wife of an MLA and others were party workers," SG said."We will take it up next Monday on the question of interim relief," the bench made it clear."Relief not on ordinance but only consultants," the SG said. "But he is also pressing for stay of ordinance. We cannot curtail that right. You can take a look at it. we will hear on Monday," the bench said.