The Delhi Government on Tuesday. urged the Supreme Court to grant an early hearing of its petition challenging the law taking away "services" from the control of the Government of National Capital Territory of Delhi.
Senior advocate Abhishek Manu Singhvi appearing for the Delhi Government, mentioned the matter for early hearing before a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Manoj Misra saying the law was creating hindrances on the State's administration at a ground level.
"It's a serious matter, it is creating problems on the ground," said Singhvi.
The apex court in July 2023 referred the Delhi government's petition challenging the Government of National Capital Territory (Amendment) Ordinance 2023 (now Act) to a five-judge Constitution bench. The Ordinance was replaced by the Government of NCT Delhi (Amendment) Act 2023 passed by the Parliament in August 2023.
The Ordinance (now Act) had come a week after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government, and sought to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers.
Filing the petition, the Delhi government had argued that through the same, the Central government has in effect overturned the Supreme Court's verdict.
The Act gives overriding powers to Lieutenant Governor of Delhi to oversee the transfers and postings of civil servants in the national capital.
Approaching the apex court, the Aam Aadmi Party government said that Centre's move is "unconstitutional".
The impugned Act destroys the scheme of federal, Westminster- style democratic governance that is constitutionally guaranteed for NCTD in Article 239AA, added the plea.
The Centre had on May 19 last year promulgated the Ordinance to create an authority for the transfer and posting of IAS and DANICS officers in Delhi, with the Delhi government calling the move a circumvention of the Supreme Court verdict on control of services.
The Act was brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the Supreme Court judgement in the Centre vs Delhi case.
On May 11 last year, the Supreme Court ruled that the division of administrative powers between the Union and Delhi government. "must be respected" and held that the Delhi government has "legislative and executive power over services" in the national capital, including the bureaucrats, except those relating to public order, police and land.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices MR Shah, Justice Krishna Murari, Hima Kohli and PS Narasimha had said, "The division of administrative powers between the Union and the Government of the National Capital Territory of Delhi (NCTD) as explained... must be respected."
The apex court in its 105-page-judgement had said that the government of Delhi is not similar to other Union Territories.
(ANI)
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