The Supreme Court on Friday agreed to hear a plea filed by the Delhi government challenging the ordinance passed by the Centre granting the Lieutenant Governor the power over postings of administrative services in the national capital. The court has issued a notice to the Centre in response to the Kejriwal government's plea challenging the constitutional validity of the Centre.
The SC has scheduled the hearing on the Delhi government's plea for July 17. It also directed the Delhi government to amend its plea and add Lieutenant Governor as party in case.
The ordinance, which has been at the centre of a power tussle between the Delhi government and the Centre, has raised concerns about the distribution of powers in the administrative machinery of the national capital.
The Delhi government has vehemently opposed the ordinance, arguing that it infringes upon the elected government's authority and undermines the principles of federalism. In its plea, the Delhi government has sought a stay on the implementation of the ordinance until the matter is resolved.
On May 11, the Supreme Court granted control over administrative services in the national capital to the Arvind Kejriwal-led Delhi government. This only excluded the police, public order and land. The court also established the National Capital Civil Service Authority to oversee the transfer and disciplinary proceedings of Group-A officers.
Soon after on May 19, however, the Centre promulgated an ordinance effectively transferring control back to the Delhi LG.
The Aam Aadmi Party government, in its plea, claims that the ordinance is an "unconstitutional exercise of executive fiat" that attempts to "override" the Supreme Court and the Constitution.
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The plea challenges the ordinance as a whole and demands an interim stay on it as well. The AAP is also conducting a week-long protest in Delhi on the issue. They are burning copies and symbolic effigies of the controversial order at various localities, streets and intersections across the national capital until July 13.
Prior to the court's verdict on May 11, the Lieutenant Governor held executive control over the transfer and appointments of all officers in the Delhi government.
First Published: Jul 10, 2023 3:51 PM IST
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