| 10 July 2023
In a significant development, the Supreme Court of India has issued a notice to the central government, seeking its response to a petition filed by the Aam Aadmi Party (AAP)-led Delhi government challenging the ordinance on control of services in the national capital. The notice was issued on Monday by a bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha.
The bench also directed senior advocate Abhishek Singhvi, representing the Delhi government, to amend the plea and include the Lieutenant Governor as a party if necessary. The AAP government has termed the ordinance as an "unconstitutional exercise of executive fiat" that seeks to "override" the Supreme Court and the basic structure of the Constitution.
In addition to seeking the quashing of the ordinance, the Delhi government has requested an interim stay on its implementation. Singhvi also urged the court to halt the termination of engagements of 400 specialists currently working with the Delhi government.
However, Solicitor General (SG) Tushar Mehta countered the Delhi government's argument by claiming that the spouses of Members of Legislative Assembly (MLAs) and AAP party workers were appointed to these positions. This assertion by the SG prompted the Supreme Court to grant the Centre time to file a response specifically regarding the termination of 437 consultants.
The next hearing in this matter has been scheduled for Monday, July 17.
The central government introduced the controversial ordinance on May 19 with the intention of limiting the powers of the elected government in Delhi. This executive order came shortly after the Supreme Court had handed over control of services in Delhi to the elected government, with the exception of those related to police, public order, and land.
Following the Centre's move, Delhi Chief Minister Arvind Kejriwal embarked on a nationwide tour, meeting with non-BJP parties in an effort to garner support against the ordinance. Kejriwal argued that the ordinance would undermine the federal structure of the country.
The outcome of this legal battle between the Delhi government and the central government will have far-reaching implications for the power dynamics and governance structure in the national capital. As the Supreme Court awaits the Centre's response and sets the stage for further deliberations, the case is likely to draw attention from various stakeholders who are closely monitoring the balance of power between the elected government and the central authorities in Delhi.
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