New Delhi: The Supreme Court on Thursday referred the Delhi government’s petition, challenging the Centre’s services ordinance, to a five-judge Constitution Bench.
The order was passed by a bench consisting of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra.
The Supreme Court had earlier issued notice to the Centre in response to the plea filed by the Delhi government, which challenged the constitutional validity of the ordinance issued by the Centre regarding control over bureaucrats.
In its plea, the Delhi government strongly criticised the Centre’s ordinance, labelling it “unconstitutional” and demanding its immediate repeal. The plea also contends that the ordinance undermines the authority of an elected government and instead places power in the hands of an “unelected” Lieutenant Governor.
The Central government enforced an ordinance on May 19, taking control of the transfer and posting of IAS and DANICS officers in Delhi.
The ordinance was brought in after the Supreme Court decision that provided the elected government authority over transfers of bureaucrats, with the exception of issues involving the police, public order, and land. The ordinance has sparked a renewed dispute between the Centre and the Delhi government over administrative jurisdiction.