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SC refers Delhi govt's plea challenging Centre's Ordinance to Constitution bench
Supreme Court refers to a Constitution bench the Delhi Govt's challenge to the 2023 ordinance.
The Supreme Court on Thursday referred a Delhi government's petition, challengeingthe Centre's ordinance which will take away the control of services from the current Aam Aadmi Party (AAP) government, to a Constitution bench.
The bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said that a detailed order will be uploaded by the Supreme Court on the website later in the day.
Senior advocates Harish Salve and Abhishek Singhvi appeared for Lieutenant Governor V K Saxena and the Delhi government respectively. Solicitor General Tushar Mehta appeared for the Centre.
After hearing the submission, the apex court said, “We will refer it to the constitution bench.”
The top court recently refused to grant an interim stay on the ordinance, over the control of service in the national capital, and issued notices to the Centre and lieutenant governor (LG) VK Saxena.
The Centre told the Supreme Court on Monday that “anarchy” and “administrative chaos” in the national capital led the Union government to urgently promulgate an ordinance wresting the control over bureaucrats from the elected Delhi government.
The Centre further blamed the AAP government of acting in an “undemocratic” fashion while trying to influence ongoing investigations into several vigilance cases, allegedly involving its ministers.
The Centre announced the 2023 Government of National Capital Territory of Delhi (Amendment) Ordinance on May 19. The ordinance, in effect, nullified a May 11 Supreme Court judgment affirming that the control of bureaucrats in Delhi must remain with the elected government in all but three spheres — land, public order, and policing.
Supreme Court on DERC chief
The Supreme Court also said that the deadlock over next Delhi Electricity Regulatory Commission (DERC) chief continued as both the Delhi government and Delhi lieutenant governor (LG) VK Saxena failed to arrive at a name for the post with consensus.
The court further added that it will appoint its own DERC chairperson on an interim basis until the Delhi government's challenge to the 2023 ordinance is decided.
