Supreme Court hands over Delhi Ordinance case to Constitution Bench, five-judge bench will hear

The Supreme Court today heard a petition filed against the central government's ordinance regarding transfer-posting of officials in Delhi. The Supreme Court will now conduct a five-judge constitution bench hearing on the Delhi government's petition challenging the Centre's Service Ordinance. The Chief Justice said that a lengthy hearing was necessary on whether the services could be brought out of the purview of the Delhi Assembly. There will be a hearing on whether or not the ordinance is appropriate to set aside. Advocate Harish Salve, appearing for the LG, said that there will be no need to consider the issue of ordinance after the bill is introduced in Parliament. On that CJI said, we cannot wait till then.

What is the matter?

In May this year, the Supreme Court delivered its judgment in a matter related to control and powers of administrative services in Delhi. The Supreme Court made it clear that on all issues other than police, land and public order, the Lt. Governor has to follow the advice of the Delhi government. After this, the central government brought an ordinance, again returning the power of Delhi to the Lieutenant Governor.

Tension between Center and Delhi Government

A tug of war is going on between the Center and the Delhi government over the administration in Delhi. This led to the dispute going to the Supreme Court, where in a landmark decision on May 11, the Supreme Court gave the elected government the right to transfer and appoint administrative officers in Delhi. At the same time, powers related to Delhi Police, land and public order were given to the Centre. Following the Supreme Court's order, the central government issued an ordinance on May 19, named the National Capital Territory of Delhi (Amendment) Ordinance, 2023.

The central government will pass the ordinance in this monsoon session

Monsoon session of Parliament has started today and central government will try to pass ordinances in this session. On the other hand, the Delhi government is busy gathering the support of opposition parties against this ordinance. Many opposition forces including Congress, TMC also spoke of support of the Delhi government on this issue.