The Delhi government has pleaded with the Supreme Court to list its plea challenging the central government’s law over control of services in the national capital. The Supreme Court has agreed to consider the plea and accommodate the listing of the case. Senior advocate Abhishek Singhvi, representing the Delhi government, informed the bench consisting of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra about the urgent need to hear the matter as the entire administration has come to a standstill.
The case refers to the dispute between the elected government of Delhi and the central government over control of services. The central government had passed an ordinance on May 19, 2023, which took away control over services from the elected government. The Delhi government challenged this ordinance and the Supreme Court referred it to a five-judge Constitution bench. The central government later replaced the ordinance with a law called the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, which gave the Lieutenant Governor control over service matters.
However, the Delhi government continues to argue that an elected government should have control over bureaucrats and that the central government’s law adversely affects the principle of collective responsibility. The new law establishes a National Capital Civil Service Authority to decide on matters of transfer, posting, and disciplinary proceedings against Group-A officers. The authority consists of three members, including the chief minister and two bureaucrats.
It remains to be seen how the Supreme Court will handle this important case, which has significant implications for the functioning of the Delhi government and the control of services in the national capital.