SC to hear Delhi Government's appeal on constitutionality of ordinance on July 17

India's Supreme Court said on Monday it will hear the Delhi government's appeal on July 17 challenging the constitutionality of an ordinance to control services in the capital.

A bench headed by Chief Justice of India DY Chandrachud issued a notice to the central government on the Delhi government's plea and asked it to respond to the matter. The bench also ordered the enforcement of the Delhi Governor in the matter, the Bar and Bench said.

During the hearing in the matter, Dr. AM Singhvi, representing the Delhi Government, raised the issue of dismissal and stoppage of salaries of 437 independent consultants appointed by the Delhi Government, Delhi LG, and sought a stay on the LG's decision.

Senior advocate Sanjay Jain, appearing for the LG, suggested before the court that the affected persons approach the Delhi High Court for relief. While hearing the submission, the Supreme Court said it will hear the request for a preliminary injunction on July 17.

Promulgated by the President on 19 May, the order created the National Capital Civil Service Authority with recommendatory powers for the transfer and posting of all Group A and DANICS officers serving in the National Capital Territory of Delhi.

As per the provisions of the Ordinance, the Delhi LG has been designated as the Administrator of Delhi who has the final say on all the posts of bureaucrats and transfers serving in the Delhi Government. The ordinance was announced just days after the five-judge Supreme Court delivered its verdict on the issue of control of services in the state capital.

The five-member constitution stated that the city government has legislative and executive powers over services except for land, public order, and police, noting that the principle of collective responsibility will be adversely affected if a democratically elected government does not have control over bureaucrats.

In its plea, the Delhi government said the ordinance wrested control over bureaucrats serving in the state capital from the Government of the National Capital Territory of Delhi (GNCTD) to the unelected Lieutenant Governor (LG) and that the ordinance was brought by the central government.