SC refers Delhi services row to Constitution Bench

New Delhi: The Supreme Court on Thursday referred a plea by the Delhi government challenging the validity of the May 19 Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, related to transfer and posting of civil servants, to a Constitution Bench.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra decided to put the matter of taking away control of services from the Delhi government for adjudication before a five-judge bench. The court did not agree to a contention by a senior advocate A M Singhvi for the Delhi government that the reference was not necessary and the issue can be decided by a three-judge bench.

He submitted that the Ordinance was against the spirit of Article 239AA of the Constitution for it diluted the powers of the elected government. He also claimed any reference to Constitution Bench will cause the whole system to be in paralysis because of the time it takes.

He said the issue involved was a short point and if at all, it is to be referred to, it should be given priority ahead of the challenge to dilution of Article 370 of the Constitution, concerning special status of the erstwhile Jammu and Kashmir. Attorney General R Venkatramani said that it is the prerogative of the court to make a larger bench reference if it feels that substantial questions of law are involved.

The court, however, noted that the effect of the Ordinance was that "services" was also taken away from the control of the Delhi Government, though the Constitution only barred three entries relating to police, law and order and land.

The court on July 17 indicated that it will refer the matter to the Constitution Bench, saying the move amounted to the amendment to the Constitution by taking away power to control services.