25 Aug 2023 5:18 AM GMT
The Supreme Court on Monday allowed the Government of National Capital Territory of Delhi (GNCTD) to amend its writ petition - which was filed challenging the GNCTD (Amendment) Ordinance 2023 - to incorporate a challenge to the recently passed Act which replaces the Ordinance.
Senior Advocate Dr.Abhishek Manu Singhvi, assisted by Advocate Shadan Farasat, appearing for the GNCTD, mentioned the application before a bench of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra. Solicitor General of India Tushar Mehta did not object to the amendment application. Accordingly, the amendment application was allowed.
The Delhi Government has challenged the Government of National Capital Territory (Amendment) Ordinance 2023, which sought, among other things, to take away the powers of the Delhi government to control the civil servants operating within its jurisdiction. This ordinance was promulgated in May, one week after a Constitution Bench of the Supreme Court delivered a crucial verdict confirming that the control over administrative services in the national capital – barring those related to public order, police, and land – belonged to the government of the national capital territory of Delhi. Meanwhile, the Centre has also sought a review of the May constitution bench judgment.
Last month, a bench headed by Chief Justice Chandrachud referred to a five-judge constitution bench the petition filed by the Delhi Government challenging the recent Ordinance, which has now been replaced by an act of the Parliament after passing both Houses and getting presidential assent.
Case Title
Government of National Capital Territory of Delhi v. Union of India