The Supreme Court has agreed to hear the petition by the Delhi Government challenging the ordinance by the Centre over control of the administrative services in the national capital on July 10.,
The matter was mentioned before the CJI for listing by Senior Advocate Abhishek Manu Singhvi.
A plea was moved by the Aam Aadmi Party (AAP) government which stated 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.
The Central government had moved the Apex Court against its May 11 verdict delivered by the Constitution Bench, which held that the Delhi government had ‘legislative and executive power’ over services in Delhi.
On the other hand, the Delhi Government moved the Supreme Court against the ordinance brought out by the Centre on Friday, giving the power to decide on the postings and transfers of all Group A officers and officers of DANICS serving in Delhi to the Lieutenant Governor.
The plea moved through advocate Shadan Farasat said that the ordinance violates the scheme of federal, democratic governance for the National Capital Territory of Delhi in Article 239AA of the Constitution.
The plea added that it is manifestly arbitrary and it legislatively overrules or reviews a Constitution Bench judgment.
It added it was also an impermissible and unconstitutional abuse of ordinance-making powers under Article 123 of the Constitution.
The Central government had brought an ordinance yesterday, proposing to create a National Capital Civil Service Authority, to be headed by the Chief Minister of Delhi, and comprising the Chief Secretary and the Home Secretary of Delhi government.
Stating that the national capital belonged to the entire nation and the entire nation was vitally interested in the governance of the national capital, the ordinance said it was in the larger national interest that people of the entire country have some role in the administration of the national capital through the democratically-elected Central government.
The notification said a permanent authority was being formed to give effect to the intent and purpose behind Article 239AA.
It said any decision taken or any event in the capital of the nation not only affected the residents of the national capital, but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum. The ordinance further said that in case of a difference of opinion, the decision of the LG shall be final.
The Central government, in consultation with the authority, shall determine the nature and categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit, added the notification.
The post Apex Court to hear plea of Delhi government against Delhi Services Ordinance on July 10 appeared first on India Legal.
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