Supreme Court refuses to stay ordinance on control of services in Delhi

The Supreme Court on Monday refused to grant an interim stay on the Centre’s recent ordinance on control over services in Delhi, while it agreed to consider the Aam Aadmi Party (AAP) government’s submissions on July 17 on a decision by the lieutenant governor (L-G) to fire 437 independent consultants hired by the Arvind Kejriwal regime.

Issuing a notice to the Centre on the Delhi government’s plea challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, a Bench of Chief Justice D Y Chandrachud and Justice P S Narasimha asked senior advocate Abhishek Singhvi, appearing for the AAP government, to amend its petition and include the lieutenant governor as a party to the case. 
 

 

“This is an ordinance. 

We we will have to hear the matter,” the Bench said and posted the matter for hearing on July 17.

At the outset, Singhvi sought a “qualified” stay, saying the ordinance takes away the powers of elected representatives. He said the 437 independent consultants engaged by the municipal corporation had been fired by the L-G.

In its plea, the AAP government has called the ordinance an “unconstitutional exercise of executive fiat” that attempts to “override” the top court and the basic structure of the Constitution.

The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordin­ance, 2023 to create an authority for transfer and posting of Group-A officers in Delhi.