THE Delhi Government on Friday moved the Supreme Court challenging the constitutionality of the ordinance on control of services, saying it is an “unconstitutional exercise of executive fiat” that attempts to “override” the top court and the basic structure of the Constitution. Besides quashing of the ordinance, the Delhi Government has also sought an interim stay on it. 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. The Aam Aadmi Party (AAP) Government has been calling it a deception with the Supreme Court verdict on control of services.

 

The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected Government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre. Transfer and postings of all officers of the Delhi Government were under the executive control of the LG before the May 11 top court verdict. In its plea filed through advocate Shadan Farasat, the Delhi Government has said that the ordinance, which came days after the apex court verdict, is a plain attempt to “override” the top court and the basic structure of the Constitution itself vide executive fiat. Seeking quashing of the ordinance, the plea alleged that it is an “unconstitutional exercise of executive fiat” that violates the scheme of federal, democratic governance entrenched for the NCTD in Article 239AA and is manifestly arbitrary.

 

“Article 239AA of the Constitution is a sui generis provision in that it constitutionally entrenches for NCTD a Westminster-style democracy, to fulfill the popular, regional, and democratic aspirations of the people of Delhi.

The impugned ordinance directly violates this scheme of federal, democratic governance incorporated in Article 239AA and, specifically, the principle of ‘collective responsibility’ incorporated in Article 239AA(6),” it said. The plea said the ordinance “completely sidelines” the elected Government, that is, the GNCTD, from control over its civil service. The plea said, the ordinance, by seizing control over civil servants posted in the GNCTD and vesting it in the hands of the Union’s nominee, in effect attempts to hand over the administration of the GNCTD to the Union of India.