INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court on Monday said the Delhi Government's petition against the ordinance brought by the Centre taking control of
the civil services of the national capital, may have to go before a five-judge Constitution Bench for consideration."What they [Centre] have
done is that by using their power under Article 239AA(7)(a), they have amended the Constitution to take services out of Delhi government's
control.Is that permissible? I don't think either of the Constitution Bench judgements [in 2018 and 2023 in the GNCTD vs Union of India
cases] has covered that," Chief Justice of India DY Chandrachud said during the hearing.The apex court will hear the matter next on July
20.In its plea, the Aam Aadmi Party (AAP) government has said the ordinance is an "unconstitutional exercise of executive fiat" that
attempts to "override" the top court and the basic structure of the Constitution.Case historyOn May 11, the elected AAP government had
scored a major victory after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the
Transfer and postings of all officers of the Delhi government were under the executive control of the LG before the May 11 top court
verdict.But on May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create
an authority for transfer and posting of Group-A officers in Delhi.Last week, the Supreme Court issued a notice to the Centre after the
AAP-led Delhi government challenged the constitutional validity of the ordinance.
