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In AAP v BJP Delhi ordinance row, SC issues notice to centre, LG

The Delhi government accused the centre of contravening the fundamentals of the Constitution.

Updated on: Jul 10, 2023, 17:20:54 IST
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The Supreme Court said Monday it would not immediately stay a controversial ordinance that gives the centre authority over bureaucrats deputed to the Delhi government. However, the court did issue a notice to the Bharatiya Janata Party-led centre asking for a response to the plea filed by Delhi's ruling Aam Aadmi Party, which slammed the ordinance as 'unconstitutional'.

Chief minister Arvind Kejriwal and lieutenant governor (LG) VK Saxena. (PTI)
Chief minister Arvind Kejriwal and lieutenant governor (LG) VK Saxena. (PTI)

The court also allowed the AAP to add Delhi Lieutenant-Governor VK Saxena as an additional respondent and he was issued a similar notice. The matter will be heard next on July 17.

The Delhi government had described the ordinance as an attempt to 'override' the top court and accused the centre of contravening the fundamentals of the Constitution.

The 'black' ordinance

In May the centre promulgated an ordinance that creates an authority - independent of the elected Delhi government - for transfer and posting of senior civil service officers in the city-state.

READ | AAP burns effigies of services ordinance in Delhi

The AAP ripped into the move - which came shortly after the top court held that the elected AAP government should be allowed legislative and executive control of administrative services in the national capital, with the exception of those related to land, law and public order, and police.

What did the Supreme Court say?

The top court - in a five-member bench led by the chief justice - ruled an elected government needed to control bureaucrats, failing which the principle of collective responsibility would be affected.

AAP's 'opposition unity' efforts

The promulgation of the ordinance - which will be tabled in the Rajya Sabha in the next Parliament session - triggered furious protests from the AAP and other opposition parties. Determined to head the BJP off at the pass, the AAP has been furiously trying to gather support from other opposition parties.

READ | Difficult to attend unity meets till Cong denounces ordinance: AAP

Kejriwal has been visiting top leaders like Bengal counterpart Mamata Banerjee, Bihar CM Nitish Kumar and ex-Maharashtra chief minister Uddhav Thackeray and asking for their support.

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