Supreme Court refers Delhi Services Ordinance case to a constitution bench; will appoint ad hoc chairperson of DERC

The Supreme Court on Thursday referred the Delhi government’s plea challenging Centre's Services Ordinance, to a five-judge Constitution bench. A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said the detailed order referring the case to a larger bench will be uploaded on the apex court website later in the day.

"We will refer it to the constitution bench," the bench said after hearing brief submissions advanced by senior advocates Harish Salve, Abhishek Singhvi, appearing for Lieutenant Governor V K Saxena and the Delhi government respectively.

Solicitor General Tushar Mehta appeared on behalf of the Centre.


On the other hand, the Delhi Government and the Lieutenant Governor (LG) on Thursday told the Supreme Court that they have failed to arrive at a consensus on the issue of appointment of Delhi Electricity Regulatory Comission (DERC) chairperson. The top court suggested that it may consider appointing a former judge for some time on an ad-hoc basis and for that, it will have to consult few judges.

The top court had considered referring the Delhi government’s plea of challenging the Government of National Capital Territory of Delhi (GNCTD) Ordinance to a constitutional bench on July 18. Delhi government had opposed the consideration.

AAP (Aam Aadmi Party) in its argument earlier had referred the ordinance 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 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. It will consist of the Delhi CM, Chief Secretary, and Home Secretary of the Delhi Government.

If enacted, it will 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.