Supreme Court considers referring challenge to Delhi Services Ordinance to Constitution Bench

The Supreme Court on Monday considered referring the Delhi government's challenge to the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to a Constitution Bench. [Government of NCT of Delhi v. Union of India and ors].A Bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra said,"For the first time, they have used power conferred under clause 7 of Article 239AA to take services outside the purview of Delhi government...In a way, the Constitution has been amended...We have to see, is that permissible? We will hear the challenge to the Ordinance by a Constitution Bench. We have to see, (if) by doing this, can you amend the Constitution?".In the same hearing, the Court also urged both the elected government of Delhi and the Lieutenant Governor to set aside their political differences and jointly suggest a name for the person who should head the Delhi Electricity Regulatory Commission (DERC). "The two constitutional functionaries have to rise above political bickering and they should give a name for the DERC chairperson... Let the two Constitutional functionaries now sit down and get to governance. DERC chairperson is not the issue but that you both can sit together and sort out some issues," Chief Justice Chandrachud said. .The matter will be heard next on Thursday, the counsel present were informed..Senior Advocate AM Singhvi appeared for the elected Delhi government whereas Solicitor General Tushar Mehta appeared for the Union of India and Senior Advocate Harish Salve appeared for the Lieutenant Governor..The Supreme Court had last week sought the response of the Central government and the Lieutenant Governor of Delhi (LG) on the plea by the Delhi government challenging the constitutional validity of the Delhi Services Ordinance, which gives overriding powers to the LG to oversee the transfers and postings of civil servants in the national capital.The plea by the Aam Aadmi Party (AAP) government said that the ordinance wrests control over civil servants serving in Delhi from the elected government of Delhi and gives it to the unelected Lieutenant Governor.The ordinance was promulgated in May, a little over a week after a Supreme Court Constitution Bench held that the Delhi government is entitled to control over all services, including Indian Administrative Service (IAS) officers, in the national capital..The Court today was also hearing the plea by the Delhi government challenging the appointment of Justice Umesh Kumar as DERC Chairperson. The LG relied on the newly-promulgated ordinance towards the said appointment..Delhi government v LG: Supreme Court defers oath of former judge Justice Umesh Kumar as DERC Chairperson