Constitution bench to decide constitutional validity of the Centre’s Ordinance on power over civil services

On July 20, 2023, the Supreme Court of India heard the Government of National Capital Territory of Delhi vs. Union of India & Ors. case. The issue addressed was regarding the constitutional validity of the Centre’s Ordinance on power over civil services. A three-judge bench of the Supreme Court, Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra referred the issue to the Constitution bench and refused to stay the Centre’s order. This order substantially negated the Supreme Court’s judgment delivered on May 11 which gives legislative and executive control over bureaucracy to the Delhi Government. The two questions were referred to a Constitution bench, (i) “What are the contours of the power of Parliament to enact a law under Article 239-AA(7)” (ii) “Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for NCTD.” The SC bench ordered, “direct the Registry to place the papers of this petition before the Chief Justice of India on the administrative side for the constitution of a Constitution Bench to answer the questions.” It further ordered, “a stay of the NCT Ordinance is dismissed.” 

In this case, The petitioner instituted proceedings under Article 32 of the Indian Constitution challenging the constitutional validity of the 2023 Ordinance. Moreover, the Government of NCT sought a stay of the NCT Ordinance on the ground that it prevents the Government of NCTD from meeting its popular mandate. During the Court proceedings, Senior Advocate AM Singhvi asked CJI to list this matter for hearing from August 2 before the matter related to the Abrogation of Article 370. The SC bench rejected the request stating, “We will not change the schedule for hearing on the petitions challenging the validity of abrogation of Article 370. All lawyers appearing in those petitions have been notified and pleadings have been finished. We cannot defer the hearing. However, we will take up the Delhi Ordinance matter after completion of the proceedings in Article 370.”