In a significant development, the Supreme Court has decided to refer the Delhi government’s petition challenging the Centre’s recent ordinance to a Constitution bench. The contentious ordinance seeks to strip the current Aam Aadmi Party (AAP) government of its control over services, sparking a legal battle between the state and central authorities. The bench, led by Chief Justice D Y Chandrachud and comprising justices P S Narasimha and Manoj Misra, announced their decision after hearing arguments from both sides.
A detailed order regarding the referral will be published on the Supreme Court’s website later in the day, providing further clarity on the matter. Senior advocates Harish Salve and Abhishek Singhvi represented Lieutenant Governor V K Saxena and the Delhi government, respectively, while Solicitor General Tushar Mehta appeared on behalf of the Centre. Despite the Delhi government’s plea for an interim stay on the ordinance, the apex court had previously declined to grant one and issued notices to the Centre and Lieutenant Governor VK Saxena.
The Centre justified the urgency of the ordinance by citing concerns of “anarchy” and “administrative chaos” in the national capital, accusing the AAP government of undemocratic practices in attempts to influence ongoing investigations involving its ministers. The 2023 Government of National Capital Territory of Delhi (Amendment) Ordinance, announced on May 19, effectively nullified a previous Supreme Court judgment from May 11. The earlier ruling affirmed that control over bureaucrats in Delhi should remain with the elected government, with exceptions limited to land, public order, and policing matters.
In a separate matter related to the Delhi Electricity Regulatory Commission (DERC) chief appointment, the Supreme Court noted a deadlock between the Delhi government and Lieutenant Governor VK Saxena in reaching a consensus on a candidate. As a result, the court decided to step in and appoint an interim DERC chairperson until a resolution is reached or the challenge to the 2023 ordinance is settled. The referral of the case to a Constitution bench indicates the significance and complexity of the legal issues at hand. The final decision on the ordinance’s validity and its potential impact on the balance of power between the Delhi government and the Centre will be closely watched by all parties involved and the public.