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'Services Act Creating Problems' : Delhi Govt Requests Supreme Court To Urgently Hear Challenge To Central Law
Anmol Kaur Bawa
9 July 2024 7:09 AM GMT
The Delhi Government today (July 9) requested the Supreme Court for an early hearing of its petition challenging the law taking away "services" from the control of the Government of National Capital Territory of Delhi. Senior Advocate Dr AM Singhvi appearing for the Delhi Government stressed the need for an urgent hearing as the law was creating hinderances on the State's administration at...
The Delhi Government today (July 9) requested the Supreme Court for an early hearing of its petition challenging the law taking away "services" from the control of the Government of National Capital Territory of Delhi.
Senior Advocate Dr AM Singhvi appearing for the Delhi Government stressed the need for an urgent hearing as the law was creating hinderances on the State's administration at a ground level.
"It's a serious matter, it is creating problems on the ground."
Singhvi mentioned an earlier decision of the Court which held that the NCT of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land. He urged that adjudication on the present matter would aid in 'ironing out the creases'.
"The NCT matter is now pending for over a year..... Your Lordship knows the ground reality, a lot of things will be solved, there are two judgements the third judgment is required to iron out the creases. I can only pray with folded hands that the Lordship may give it top priority."
In July 2023 the Court referred the Delhi Government's petition challenging the Government of National Capital Territory (Amendment) Ordinance 2023 to a 5-judge Constitution Bench. The Ordinance was replaced by the Government of NCT of Delhi (Amendment) Act 2023 passed by the Parliament in August 2023.
Background
The writ petition filed by the Delhi Government points out that the Ordinance (now Act) 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). It is argued that through the same, the Central Government has in effect overturned the Supreme Court's verdict.
The Act is challenged as violating the scheme of federal, democratic governance entrenched for the NCTD in Article 239AA of the Constitution. It is further argued that it negates the principle of federalism and the primacy of the elected government.
"The principle of collective responsibility in a democracy - incorporated in Article 239AA(6) - requires that the elected government be vested with control over officials posted in its domain. In the federal context, this would require that such control be vested in the regional government – i.e. the GNCTD under Article 239AA – for matters in its domain. This essential feature was secured for the GNCTD by this Hon'ble Court's 2023 Constitution Bench judgment, and is now sought to be undone by the Impugned Ordinance", states the petition filed through Adovcate-on-Record Shadan Farasat.
The Central Government, in its affidavit filed before the Apex Court, had stated that the ordinance (now Act) 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 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 had said in its affidavit.
Case Title : Government of National Capital Territory of Delhi vs Union of India Writ Petition (C) No. 678 of 2023
