Delhi Ordinance: SC might refer Delhi govt plea to Constitution bench

Supreme court in its hearing on Delhi government's plea to challenge Centre’s ordinance on Monday has said that will be referring the plea to the Constitution bench.

The bench will further hear the matter on Thursday.

A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha heard the matter.


In its hearing on ordinance, the apex court also heard the plea that challenges the LG's decision of appointing the DERC chairman without Delhi Govt's concurrence. "We will hear this (DERC) matter on Thursday after the constitution bench rises," Chief Justice Chandrachud said.

The AAP (Aam Aadmi Party) had referred to it in its argument as a "unconstitutional exercise of executive fiat" attempting to "override" the Supreme Court and the basic structure of the Constitution.

On May 19, the Centre had promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.

As per the Centre's ordinance, the 'National Capital Civil Services Authority' will be established, consisting of the Delhi Chief Minister, Chief Secretary, and Home Secretary of the Delhi Government. This authority will now have the power to make decisions regarding the transfer and posting of Group 'A' officers and DANICS officers serving in the Delhi Government.

The AAP government had termed it as a "deception" with the Supreme Court verdict on control of services.

The LG had executive control over the transfer and postings of all officers of the Delhi government before the May 11 Supreme Court verdict.