High Court Refuses To Entertain PIL Challenging Union Govt’s Ordinance Giving Overriding Powers To LG Over Services

The Delhi High Court on Thursday refused to entertain a public interest litigation challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 promulgated by the Union Government on May 19.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula permitted Advocate Shrikant Prasad to withdraw the plea after noting that challenge to ordinance’s constitutional validity is already pending before the Supreme Court.

The bench however granted Prasad the liberty to filed an appropriate application to intervene in the matter before the Apex Court.

“It is noticed that the challenge to the constitutional validity in respect of such ordinance is pending before the Supreme Court and the matter is listed today. The petitioner seeks withdrawal of the petition with a liberty to moved an appropriate application in the pending matter. The writ petition is disposed of as withdrawn with the aforesaid liberty,” the court said.

The ordinance, also known as the Delhi services ordinance, was promulgated by the President on May 19 and has the effect of depriving the elected-government of the power over "services".

“The Lieutenant Governor of Delhi has been given overriding powers to act in discretion in cases of conflict of decisions with the committee headed by the Chief Minister of Delhi. The Ordinance also envisages creation of a National Capital Civil Services Authority headed by the Chief Minister of Delhi who shall make recommendations for transfers and postings of administrative officers in NCTD which shall be finalized by the Lieutenant Governor,” the PIL said.

It adds that the Ordinance was brought out a week after a Constitution Bench of the Supreme Court pronounced that the Delhi Government has power over Entry 41 of List II (services).

“There could be some symbolism in the Ordinance being promulgated in the middle of the night, a few hours after the Supreme Court closed for summer vacations. Ever since, intense debates are happening in political and legal circles regarding the validity of the Ordinance,undoubtedly shows the malafide intention to cause inconveniences in the development of delhi by abridging the power of delhi government of control over the officers,” the plea adds.

Title: Shrikant Prasad v. Union of India & Ors

Citation: 2023 LiveLaw (Del) 608