SC issues notice to Centre as AAP calls L-G 'Super-CM'
What's the story
The Supreme Court on Monday sought a response from the Centre on a plea filed by the Delhi government challenging its ordinance on control of bureaucracy in the national capital. It asked the Aam Aadmi Party (AAP) government to amend its plea to make Lieutenant Governor VK Saxena a party in the case. The party accused Saxena of acting as the "Super-CM" last month.
Supreme Court
SC bench lists case for interim relief next Monday
Hearing the petition, Chief Justice DY Chandrachud stated that the court would issue a notice and listed the case for next Monday for interim relief. He also stated that the court would consider the case regarding the L-G's dismissal of 400 specialists, such as fellows and research officers. Notably, the specialists were appointed by the Arvind Kejriwal-led AAP government.
Details
AAP calls Delhi Ordinance 'unconstitutional,' attempt to 'override' Constitution
The AAP government's petition calls the Delhi Ordinance "unconstitutional" and an attempt to "override" the SC and the Constitution. It has requested the quashing of the legislation and an interim stay on it. On May 19, the Centre issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to establish an authority for the transfer and posting of Group-A officers in Delhi.
Proceedings
Ordinance limits functioning of Delhi's government, CM: Advocate Singhvi
The SC bench was initially reluctant to entertain the petition, stating that the court could not stay legislation. AAP counsel Abhishek Manu Singhvi, however, convinced the court by citing previous instances of courts staying legislation, per Live Law. The ordinance limited the functioning of the Delhi government and CM Kejriwal, citing the L-G's recent move to terminate numerous government-appointed consultants, claimed Singhvi.
Background
Know about Delhi Ordinance
The ordinance reportedly envisions a committee comprised of the CM and two senior officials making recommendations to the L-G regarding civil servant transfers and postings. Nevertheless, it says the L-G will have "sole discretion" in making a decision. "The impugned ordinance, thus, completely sidelines the elected government from control over its civil service," states the Delhi government's plea.