Row Over Services: SC Refers Delhi Govt’s Challenge To Centre’s Ordinance To Five-Judge Constitution Bench

The Supreme Court Thursday referred to a constitution bench for adjudication the Delhi government's petition against the Centre's recent ordinance taking away the control of services from the city dispensation.

A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said the detailed order referring the case to a larger bench will be uploaded on the apex court website later in the day.

"We will refer it to the constitution bench," the bench said after hearing brief submissions advanced by senior advocates Harish Salve, Abhishek Singhvi, appearing for Lieutenant Governor V K Saxena and the Delhi government respectively. Solicitor General Tushar Mehta appeared on behalf of the Centre.

The top court had recently issued notices to the Centre and the lieutenant governor on the plea while refusing to grant an interim stay on the ordinance on control over services in Delhi. The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to create an authority for transfer and posting of Group-A officers in Delhi, which triggered a clash with the Arvind Kejriwal government.

The Aam Aadmi Party (AAP) government termed it a "deception" with the Supreme Court verdict handing over the control of services to the city government, barring in spheres of land, public order and police, and moved the top court with a fresh petition.