INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court, while referring scrutiny of the constitutional validity of the Delhi services ordinance to a five-judge
extinguishing the jurisdiction of the elected government altogether in matter related to services needed to be examined.The reference order
The power of Parliament to enact a law granting the Union of India executive power over services is not in contention
It is now a settled position of law
However, this court, while dealing with the constitutional validity of the May 19 ordinance, must decide if the exercise of such power (by
under Article 239AA(7); and whether Parliament, in the exercise of its power under Article 239AA(7), could abrogate the constitutional
power over services because executive power is co-terminus with legislative power
states that the law must only give effect to or supplement the provisions of Article 239AA, Article 239AA(7)(b) states that the law shall
indicates that the law shall not alter the existing constitutional structure envisaged for NCTD in Article 239AA
However, prima facie reading of Article 239AA(7)(b) denotes that the law enacted under Article 239AA(7)(a) could alter the existing
constitutional structure of governance of NCTD
constitution bench judgments, one in 2018 and the other in May 11 this year, on the turf war between Delhi government and the Union
government had dealt with the interpretation of Article 239AA(7)
the interpretation of the Constitution
