Supreme Court to hear Delhi Government's plea challenging ordinance on July 10

The Supreme Court has agreed to hear the petition filed by the Delhi government on Monday, challenging the recent Ordinance passed by the central government.

The Ordinance aimed to transfer control of officer transfers and postings from the Aam Aadmi Party (AAP) government to the Centre.

The Chief Justice of India (CJI)-led bench passed the order on an urgent mentioning of the petition made by senior advocate Abhishek Manu Singhvi, representing the Delhi government. Singhvi informed the court that the petition challenges the entire Ordinance.

Previously, the Supreme Court had issued a notice on a petition filed by the Delhi government specifically challenging a section of the Ordinance related to the appointment of the chairperson of the Delhi Electricity Regulatory Commission. The petition challenging the Ordinance's constitutional validity was filed on June 30, with the Delhi government also seeking a stay on its operation.

The petition argues that the Ordinance shows contempt for the elected government by creating a new body called the National Capital Civil Service Authority (NCCSA) under the pretense of involving the chief minister. It further claims that the Ordinance violates the federal and democratic governance envisaged for the Delhi government under Article 239AA of the Constitution.

The Ordinance introduces a new chapter to create the NCCSA and a public service commission to oversee transfers and postings of officers in Delhi government departments. The NCCSA, consisting of the chief minister, chief secretary, and home secretary, would recommend transfers, postings, and disciplinary actions to the L-G.

The Delhi government argues that the Ordinance allows the Union to take over the governance of Delhi and undermines the power of the Delhi government granted under Article 239AA. It criticizes the creation of the NCCSA, where the chief minister would be in the minority and easily outvoted by the two bureaucrats.