The Supreme Court issued a notice to the Union government on Monday regarding the writ petition filed by the Delhi government challenging the National Capital Territory (Amendment) Ordinance 2023.
The bench led by Chief Justice of India D Y Chandrachud and justice P S Narasimha was initially reluctant to stay the plea for ordinance stating the court does not have the power to stop a law.
The next hearing is slated on July 17.
However, senior advocate Abhishek Singhvi appearing for the Delhi government argued that recent developments, for example, the LG’s decision to fire executive officers appointed by the state government have reduced the latter’s as well as the Delhi chief minister’s role.
Background
The ongoing tussle for power between the AAP government and the Lieutenant Governor of Delhi reached a conclusion when the Supreme Court gave administrative and civil powers to the state government, except for public order land, and police departments.
In other words, the Delhi government will have the power to appoint bureaucrats. The apex court stated that the LG will be bound by the state government’s appointment.
On May 19, under Article 123 of the Constitution, the President of India promulgated the Supreme Court order and established the National Capital Territory (Amendment) Ordinance compromising two IAS officers (appointed by the Centre) and the Delhi chief minister.
The NCTA will decide on the appointments of IAS officers. If there is a disagreement, the final verdict will be considered by the Delhi LG, who is an elected member of the Union government.
Soon after, the Delhi government appealed to the Supreme Court of India challenging the NCTA. The case has been going on so far.
