Row over services: Will examine if Parliament can abrogate constitutional principles of governance for Delhi, says SC

The Supreme Court has said that a five-judge Constitution bench would examine the "contours of the power" of Parliament to make laws for Delhi and also if it can "abrogate the constitutional principles of governance" by making a law to take away control over services in the national capital.

The Centre had on May 19 promulgated an Ordinance on the Delhi services matter by exercising its powers under Article 239-AA, a special provision in the Constitution pertaining to the national capital. The move had then come after the Supreme Court's May 11 judgement by the Constitution bench allowing the Delhi government to have control of transfers and postings of the civil servants, including IAS officers.

On Thursday, a bench led by Chief Justice of India D Y Chandrachud had referred to a Constitution bench the Delhi government's plea challenging the Ordinance.

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The court framed two legal questions in its 10-page order to be dealt by a larger bench on the ordinance which set off a fresh tussle between the two power centres.

"We accordingly refer the following questions to a constitution bench: (i) What are the contours of the power of Parliament to enact a law under Article 239-AA(7); and (ii) Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for the National Capital Territory of Delhi (NCTD)," the order passed by the bench, also comprising Justices P S Narasimha and Manoj Misra stated.

The bench said there was a need to put an end to the protracted legal battle between the Centre and the Delhi government on the administration of the national capital and directed the apex court registry to place the case papers before the CJI on the administrative side for setting up of the constitution bench to answer the referred legal questions.