Delhi services control: Centre moves SC seeking order review, cites ‘error’

After issuing an ordinance to create an authority to deal with service conditions, transfer, and posting of Delhi bureaucrats, the Centre on Saturday (May 20) moved the Supreme Court, seeking a review of its May 11 verdict that gave these powers to the Delhi government.

The apex court held that the Delhi government has legislative and executive powers over services, except for public order, police, and land. The Centre has contended that the judgment ignores the fact that the functioning of the government in the capital “affects the nation as a whole”.

In a determined effort to wrest control over the bureaucracy despite the court order, the Centre issued the ordinance on Friday, creating a National Capital Civil Service Authority to deal with the transfer and posting of Group-A officers in Delhi and disciplinary proceedings against them.

Also read: SC: Granting power to LG to nominate aldermen may destabilise elected MCD

Centre seeks open court hearing

The Centre has also filed an application in SC, seeking an open court hearing of the review petition, saying the matter pertains to the functioning of the government machinery of the Government of the National Capital Territory of Delhi and “grave injustice would ensue” if the plea for oral hearing is not allowed.

“It is submitted that the said judgment suffers from an error, apparent on the face of the record, as it suffers from a fundamental fallacy inasmuch as it ignores that working and functioning of the capital government affects the nation as a whole,” says the review petition, settled by Solicitor General Tushar Mehta.

It said the judgment proceeds without appreciating that the nominee of the President, the Lieutenant Governor, or the Central government, are also “manifestations of democracy” compared to the elected government of Delhi. “It is submitted that the central government is administered by the people of the entire country who have a vital and preponderant interest in the governance of the capital of the entire country,” the plea says.

Also read: Delhi’s AAP government moves SC alleging contempt by Centre

Plea points out “anomaly”

Pointing out the provisions under Seventh Schedule of the Constitution, the plea says that “a Union Territory is a mere extension of Union of India and persons working in Union territories are working in services and posts in connection with the affairs of the Union”, adding that the verdict substantially dilutes the powers of the L-G as the administrator of Delhi.

It says the judgment creates an anomaly, wherein by virtue of Article 239AA (special provisions with respect to Delhi), the Parliament enjoys legislative supremacy, yet the council of ministers of Delhi government would “now enjoy the executive supremacy, which effectively means that as regards the executive powers, Delhi despite being a Union Territory, and thus not a full-fledged state, has been elevated to the status of a state”.

“Open challenge to SC”

A five-judge Constitution Bench headed by Chief Justice DY Chandrachud, in a unanimous verdict on May 11, sought to put an end to the festering dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding that the National Capital Territory administration is unlike other Union Territories and has been “accorded a sui generis (unique) status” by the Constitution.

The AAP government in Delhi called the Centre’s ordinance an “open challenge” to the Supreme Court and unconsitutional. “This is a disgusting joke. They (BJP government) have overturned the Supreme Court judgment within a week. The Centre is challenging the Supreme Court openly. This is direct contempt of the Supreme Court and an insult to its majesty,” Delhi Chief Minister Kejriwal told the media.

According to the ordinance, the L-G, whose wings the SC order had clipped substantially, will be the final arbitrator if a dispute arises over official matters within the National Capital Civil Service Authority, which will be headed by the Delhi chief minister. The city government’s chief secretary and principal secretary (home) will be its other two members.

(With agency inputs)