On 11th May, the Supreme Court enhanced the importance of empowering the Delhi Government with the implementation of executive power in the national capital. An announcement was made regarding the Government of National Capital Territory of Delhi Ordinance, 2023 on 19th May by the Centre (Delhi Government) for creating jurisdiction which can take care of transfer and posting of Group-A officers in Delhi.
Chief Justice DY Chandrachud and P S Narasimha along with his board members issued notice to the Delhi Government by challenging the constitutional validity for the petition with reference to the Ordinance 2023 and requested to file the responses within fifteen days.
When A.M Singhvi, the senior counsel asked for the stay order and raised the dismissal issue of more than four hundred specialists and research officers in the Delhi Government, the Chief Justice of India said, ” It is an Ordinance(Amendment) and the issue has to be discussed clearly before taking any further decisions’, and the Court made a statement that the next hearing for this matter will be considered on the following Monday.
On Monday, the stay of Delhi Services Ordinance 2023 was refused by the Supreme Court, which gave an additional power to the Lieutenant Governor to take control over the administration in the national capital. However, the Supreme Court agreed to review the justifications presented by the Aam Aadmi Party government on July 17. The case is related to the decision made by the Lieutenant Governor to dismiss Four hundred thirty seven independent consultants hired during Arvind Kejriwal’s regime.
The Aam Aadmi Party Government criticized the Amendment, identifying it as an unconstitutional usage of administrative power that set aside the Supreme Court and the fundamental principles of the Constitution. Also, they requested for the revocation of the Ordinance 2023 and an interim suspension of its control over the bureaucratic employees.
The control over the services for the Ordinance was granted by the Supreme Court, which didn’t include police, land and public order of the ruling government. The main objective of the Ordinance was to start a National Capital Civil Service Authority, which will be responsible for transfer and promotion of Group-A officers from the DANICS cadre of Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli(Civil) Services. The National Capital Territory has been carrying out its battle with Lieutenant Governor and the Centre regarding the control over the bureaucracy.