Supreme Court Rejects Delhi Govt's Plea To Hear Its Case Against Centre's Ordinance Before Article 370 Matter

The Supreme Court on Thursday turned down a plea made on behalf of the Delhi Government to hear its challenge to the Centre's services ordinance before the Article 370 case.

The request was made by Senior Advocate Dr Abhishek Manu Singhvi when the 3-judge bench led by CJI DY Chandrachud said that it was referring the Delhi Government's petition to a Constitution Bench. Saying that the delay in hearing the matter will result in a "paralysis" of the administration in Delhi, Singhvi pressed for an early hearing ahead of the Article 370 matter.

On July 20, 2023, the Supreme Court had fixed August 2, 2023 as the starting date for the hearing of a batch of petitions challenging the dilution of Article 370 of the Constitution of India which stripped the erstwhile state of Jammu and Kashmir of its special status. 

Seeking priority hearing for the Delhi matter, Singhvi said –

"We will really request your lordships that this is a very short point. So please take it before to 370 matter or push back 370 and hear it first. My learned friends cannot object to that." 

However, CJI DY Chandrachud rejected his request, asserting that the scheduling of the Article 370 matter would not be altered. He emphasized that the court had already notified the date for the hearing, and counsels were already preparing for the proceedings. He said–

"Dr Singhvi, we will not change the scheduling of the 370 matter now. We have notified it. Counsels have been getting ready. We said that we will hear Article 370 and now for us to say that we will not hear it then is not right."

Dr Singhvi made a final attempt to persuade the court by attempting to establish the urgency of the matter. He said–

"No bureaucrats is taking orders...437 consultants have been removed. Assuming that the act is valid, how does the Governor have the power to remove them even under the ordinance? To remove consultants appointed by the NCT?"

However, the CJI remained firm on his decision to not alter the scheduling of Article 370 matter. The Supreme Court then referred to a 5-judge Constitution Bench the Delhi Government's petition, a date for which will be notified soon.