Ordinance row: SC issues notice to Centre, directs Delhi govt to add L-G as party in case

The Supreme Court on Monday issued notice to Centre on a petition by the Delhi government challenging the validity of May 19 Ordinance by the Centre wresting control of services in the national capital. The court refused to stay the Ordinance and put the matter for suspending its implementation for hearing on Monday, July 17.

As senior advocate A M Singhvi sought stay on National Capital Territory of Delhi (Amendment) Ordinance, 2023, a bench of Chief Justice D Y Chandrachud and Justices P S Narasimha said, "It is an Ordinance. We have to hear the parties and allow impleadment of the Lieutenant Governor."

Singhvi said, after the Ordinance, the Chief Minister sits in a meeting with two bureaucrats and he is in minority and those two will outvote the CM and then go to the LG, who is a super CM for transfer and postings.

The bench said it would have to hear the matter. Singhvi referred to the recent decision by the Lieutenant Governor who has fired 437 independent consultants with degrees from reputed international universities. "This court has a number of times stayed an Act of Parliament, leave aside an ordinance," he said.

Senior advocate Sanjay Jain, appearing for the LG, submitted that these 400 employees were the ruling party workers sitting as consultants.

"How can the consultants be removed? Please stay this para about the appointment of consultants," Singhvi said, contending their salary has been stopped.

The court, however, said it would hear on July 17 the plea by the Delhi government against the Lieutenant Governor's order terminating services of 437 private persons appointed as advisers, fellows, and consultants.

In its writ petition, the Delhi government contended the Ordinance violated the scheme of federal, democratic governance by sidelining the elected government on the issue of control of civil servants.

The Ordinance "wrested" control over civil servants serving in the Government of NCT of Delhi from the Delhi government and "vested it to the unelected Lieutenant Governor," it claimed.

The plea sought a direction to quash the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023, as unconstitutional.

It also stated the Ordinance overruled the Constitution bench judgement of May 11, 2023 without "altering its basis, which was that accountability of civil servants to the elected arm of the government, and the elected government’s control over the civil service, is a substantive mandate of the model of governance envisaged by the Constitution, including for the NCT of Delhi under Article 239AA of the Constitution.