Supreme Court issues notice to Centre over ordinance on control over Delhi bureaucrats

Centre brought ordinance – and hopes to pass it in Monsoon Session – barely a week after the top court empowered the Delhi govt to decide postings etc of civil servants.

File photo of the Supreme Court of India | Manisha Mondal | ThePrint

New Delhi: The Supreme Court has issued a notice to the Centre after the Delhi government appealed against the constitutional validity of an ordinance that seeks to curb its control over bureaucrats.

The top court also directed the Delhi government to amend its plea and make the Lieutenant Governor (L-G) a party in the case.

The bench, comprising Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha posted the matter for next Monday to consider the prayer for interim relief.

The bench was initially reluctant to consider the plea for a stay on the ordinance, saying that the court could not stay a statute.

The Aam Aadmi Party government’s writ petition challenged the Government of National Capital Territory (Amendment) Ordinance 2023 – which effectively deprived the capital’s government of the power over the services.

The ordinance was promulgated by the President on 19 May, a week after a Supreme Court Constitution Bench gave Delhi control over bureaucrats — excluding those in police, public order and land.

The Ordinance says that a committee comprising the chief minister and two senior bureaucrats will make recommendations to the Lieutenant Governor – who reports to the Centre – regarding the transfer and posting of civil servants. It says the L-G would have “sole discretion” in case there was a difference of opinion.

Delhi has argued that the ordinance had overturned the top court’s verdict, and “completely sidelined the elected government… from control over its civil services”.

Delhi Chief Minister Arvind Kejriwal has met several like-minded party leaders in the past few months to stall the ordinance from being passed into law in the Rajya Sabha – where the BJP does not have the adequate numbers.

The Aam Aadmi Party leader, however, has drawn a blank from the Congress so far, with only 10 days to go before the Monsoon Session of Parliament begins on 20 July.

Ahead of the Opposition’s second meeting on 17 and 18 July to strategise for the 2024 general elections, the ordinance issue continues to divide the two parties.