Services Ordinance Passed To Control Harassment Of Officials By Delhi Govt: Centre To Supreme Court

The Central Government on Monday defended before the Supreme Court the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Delhi Services Ordinance) which was promulgated by the President on May 19, 2023 and has the effect of depriving Delhi Government of the power over "services".

In its affidavit filed before the Apex Court, the Union Home Ministry stated that the ordinance was passed to due to "harassment and humiliation" faced by officials and bureaucrats at the hands of the Delhi Government and the turmoil that ensued. Delhi being the national capital, the Centre had to step in to control the situation and to save the country’s image, the affidavit states.

The Centre also claims that after the Apex Court's judgment that held that the Delhi government would have control over all services in the capital, the Ministers of the Delhi government started uploading orders on social media and started a ‘witch hunt, harassment of officers, media trials, threats and street postures to influence the decision by the officers.’ The Centre claims several complaints about misbehaviour by Minister (Services) of the Delhi Government were received and that his actions were contrary to the spirit of the Apex Court’s judgment.

The Centre states in its affidavit that the Delhi Government specifically targeted the Vigilance Department, as it had files which were sensitive in nature including ones related to Arvind Kejriwal's new bungalow, the Excise Policy case, Delhi's power subsidy and the probe into the Delhi Government ads.

The Centre states in its affidavit that the “elected government remained arrogant to the official duties of the concerned officers and handled the whole affair in a highly insensitive manner, as evinced from their act and conduct of repeatedly insulting and humiliating the senior officers as well as the subordinate officers of the Vigilance Department.”

The Centre has also argued that the submissions of the Delhi government are ‘premised on political grounds as opposed to legal and constitutional grounds’ and that the power of the Parliament to enact such laws has not been disputed.

The Centre also submits the ordinance is to be introduced in the Monsoon Session of the Parliament starting from 20th July and that staying the ordinance would cause irreparable damage to the administration of the capital.

The Centre also argues that Art. 239AA(3)(b) of the Constitution read with Art. 239AA(7) gives the Parliament powers to make to enact laws to enforce or supplement the provisions contained in Article 239AA. It is also argued that under Article 246(4) the Parliament can make laws on any matter for any part of India's territory not included in a State, even if such matter is listed under the State list of the Constitution.

“The national capital belongs to the entire nation and the entire nation is virtually interested in the governance of the national capital. It is in the larger national interest that the people in the entire country have a role in the administration of the national capital through the democratically elected Central Government.” The Centre has said in its affidavit.

A bench led by CJI DY Chandrachud on Monday posted the Delhi Government's petition challenging the Ordinance to Thursday to consider whether it should be referred to a Constitution Bench.

Case Title: Government of NCT of Delhi V. Union of India,  WP (C) No. 678/2023