SC refers Delhi ordinance case to Constitution Bench

The Supreme Court on July 20 referred the Delhi Government’s challenge against a Central ordinance — which effectively returns power over the civil services in the national capital to the Lieutenant Governor — to a Constitution Bench.

The Supreme Court on July 20 referred the Delhi Government’s challenge against a Central ordinance — which effectively returns power over the civil services in the national capital to the Lieutenant Governor — to a Constitution Bench.

The reference to a Constitution Bench coincided with the opening of the monsoon session of the Parliament. On July 17, the Centre had urged the court to hold its hand, as the ordinance — National Capital Territory of Delhi (Amendment) Ordinance, 2023 — would be introduced in the Parliament during the monsoon session.

“We will refer this to the Constitution Bench. We will upload our order in the evening,” Chief Justice Chandrachud addressed the lawyers.

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The three-judge Bench headed by Chief Justice Chandrachud, however, did not accede to a request by the Delhi Government to take up this case before another Constitution Bench hearing, slated for August 2, on the abrogation of Article 370 in Jammu and Kashmir.

Senior advocate A.M. Singhvi, who represented the Delhi government along with Shadan Farasat, reasoned that the whole system of governance in the national capital was in a state of paralysis. “No bureaucrat is taking order and 437 consultants to the Legislative Assembly have been fired by the Lieutenant Governor (L-G)… We have to request this case to be taken up before the Article 370 one,” Mr. Singhvi urged the court.

The Chief Justice, however, said it was too late to make any changes. The Article 370 case was already scheduled for August 2 and preparations and study for the hearing were already underway.