SC permits Delhi govt to amend plea to challenge law on services instead of ordinance

New Delhi: The ongoing legal battle surrounding the Delhi services ordinance took a new turn as the Supreme Court granted the Delhi government permission to amend its petition on Friday.

The move comes in response to the recent replacement of the Delhi services ordinance with the GNCTD (Amendment) Act, 2023, which shifted control of the city’s bureaucratic set-up from the Union government to the Delhi government.

Chief Justice of India (CJI) Dhananjaya Y Chandrachud acknowledged the Delhi government’s need to modify its initial petition, filed on June 30, to align with the changes brought about by the new law. The Delhi government, represented by senior counsel Abhishek Manu Singhvi and advocate Shadan Farasat, sought this amendment, which the Central government, represented by Solicitor General Tushar Mehta, did not oppose.

With this development, the Delhi government can now challenge specific clauses within the GNCTD (Amendment) Act, 2023, that relate to controlling the city’s administration. These changes followed the replacement of the Delhi services ordinance with a bill passed by Parliament on August 8, officially transferring administrative control to the Delhi government after receiving Presidential assent.

Initially promulgated on May 19, the Delhi services ordinance had effectively granted the Union government control over the city’s bureaucratic apparatus. However, in a landmark decision on May 11, a Supreme Court Constitution bench affirmed the Delhi government’s authority over bureaucrats within its purview. Subsequently, the Union government introduced the ordinance on May 19, which led to the creation of the National Capital Civil Service Authority (NCCSA) and a public service commission for transfers and postings of Delhi government officers. This move was seen as an attempt to counteract the Supreme Court’s decision, sparking a legal challenge from the Delhi government on June 30. The case was subsequently referred to a Constitution bench of five judges on July 20, emphasising the need to clarify Parliament’s power under Article 239-AA(7) and its impact on the principles of governance for Delhi. In conclusion, the Delhi government’s amendment to its petition reflects the evolving legal landscape surrounding the administrative control of the national capital. As the legal proceedings continue, the ramifications of the GNCTD (Amendment) Act, 2023, will be scrutinised, and its impact on the balance of power between the Union government and the Delhi government will be assessed by the judiciary.