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"My fear is that this will get delayed..", COurt was told today by Senior Counsel Singhvi, appearing for AAP government
The Delhi Government today requested a CJI DY Chandrachud led bench for early listing of its petition challenging the Government of National Capital Territory of Delhi (Amendment) Act, 2023, which has been referred to a Constitution Bench.
Senior Advocate AM Singhvi mentioned the same before court today saying, "There is an urgency, the civil servants are not complying with the orders".
"This case should have priority, I am mentioning so that it gets listed by November end or December..", Singhvi added.
The bench also comprising Justices Pardiwala and Manoj Misra responded saying that two 7-judge benches were soon coming up, and there were other constitution benches too.
"We will see..Complete all common compilations and file everything, so that matter is ripe for hearing..", the CJI then said.
The Supreme Court had last month allowed an application moved by the Delhi government seeking to amend its petition challenging the ordinance introduced by the Union in May this year "wresting" control over civil servants from the Delhi government to the Lieutenant Governor.
An application was moved seeking amendment as the ordinance was recently passed by the Parliament and received President Droupadi Murmu’s assent on August 12, 2023.
On July 20, the Supreme Court had referred the challenge made by the Delhi government to the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 to a Constitution bench.
Earlier, the Supreme Court had expressed its inclination to refer the Delhi Government's plea to a 5-judge Constitution bench. Senior Advocate Singhvi had objected to this and said, "Let me show why this should not be referred to a constitution bench. Let me give a one pager on Thursday, it will just take ten minutes..".
The CJI led bench had further observed then, that the issue whether the powers under Article 239AA(7)(a) of the Constitution could be invoked to make the law of the instant nature was not considered in its recent Constitution Bench judgment.
Notably, the Centre recently informed the Supreme Court that the impugned Ordinance, which is yet to be tested in the Parliament, if stayed, would cause an irreparable harm to the administration of GNCTD.
The Supreme Court had also refused to grant interim stay on the Ordinance which "wrested" control over civil servants serving in the Government of NCT of Delhi from the Delhi government and "vested it to the unelected Lieutenant Governor".
The Delhi government has claimed that the Ordinance shows contempt for elected assembly and elected government while making a pretense of their involvement through the Chief Minister.
On May 11, a five-judge constitution bench of the Supreme Court held that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the LG is bound by the advice of the elected government, except in matters of public order, police, and land. It had also said that if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.
Case Title: GNCTD vs. UoI
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