Delhi Services Ordinance: Supreme Court refers AAP government's challenge to Constitution Bench

The Supreme Court on Thursday referred to a Constitution Bench the challenge to the legal validity of the recently-promulgated Delhi Services Ordinance, by which control over civil servants in Delhi has been vested with the Central government's nominee, the Lieutenant Governor [Government of NCT of Delhi v. Union of India and ors]..A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra said the order in this regard would be uploaded later today evening..The Supreme Court was hearing two pleas moved by the Aam Aadmi Party (AAP) led Delhi government. The first plea challenged the recently promulgated Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Delhi Services Ordinance) which gives Delhi's Lieutenant Governor (LG) control over services, transfers, postings and vigilance enquiries of officers deputed in the national capital.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 plea by the Aam Aadmi Party (AAP) government stated 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 second plea objected to the LG using the powers granted under the ordinance to name his choice of chairperson for the Delhi Electricity Regulatory Commission (DERC)..At today's hearing, the bench listed the DERC matter on August 4, and indicated that it would propose the name of a protem chairperson for appointment on an ad-hoc basis till the petition is decided.This was after Senior Advocate Harish Salve, appearing for the LG, said it would be improper for the Delhi government to send a list of names.Senior Counsel Abhishek Manu Singhvi, representing the Delhi government, said a similar argument applies incase the LG sends any list, a submission the bench found force in..Singhvi also argued against the Constitution bench reference for the ordinances case, saying the matter can be heard by three judges.Further, he also said that the Delhi government's orders were not being heeded to by bureaucrats. "No bureaucrat is taking orders. 437 consultants fired. How does Governor have the power under the ordinance to remove the consultants?"Attorney General R Venkataramani said any constitutional bench reference decision is upto the Court.Salve contended that the consultant appointments were illegal.The bench then proceeded to state that it will refer the case relating to the validity of the ordinance to a Constitution bench and said would upload the order in this regard on the Supreme Court website by today evening.Pertinently, it declined Singhvi's request to hear the matter before the Article 370 abrogation hearing, scheduled for the first week of August..[Follow our live-coverage of today's hearing].[Read order]