SC asks Centre, Delhi govt to file common compilation of arguments in services row

Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra were urged by senior advocate Abhishek Singhvi, who is appearing for the Delhi government, to list the matter before a five-judge Constitution bench for urgent hearing.

“I can't express the agony of the (Delhi) administration,” the lawyer said.

The chief justice argued that there were older Constitution bench matters. “We are listing and there are two seven-judge bench matters also coming up. All these are also important and are pending for years,” he said, adding the Delhi-Centre services row may be listed after some time.

The bench, however, asked Singhvi and additional solicitor general Sanjay Jain to sit together and decide the legal questions to be decided by the Constitution bench in the services row.

“We will appoint Shadan Farasat as nodal counsel. We will ask for the common compilation to be prepared. Prepare your submissions in four weeks and then you can mention it (for listing),” the bench said.

Battle rages

On August 25, the top court permitted the Delhi government to amend its petition challenging the Centre’s ordinance establishing pre-eminence of the Lt Governor over the elected dispensation in controlling services.

Amending the petition became necessary after the ordinance was replaced by a law.

"The interim application seeks amendment to the writ petition by which the NCT Ordinance was challenged. Now, it has been replaced by an Act (the Government of National Capital Territory of Delhi (Amendment) Bill 2023). We have heard the counsel,” the Bench had said.

Earlier, the top court had referred to a five-judge constitution bench the Delhi government's plea challenging the Centre’s May 19 ordinance which took away the control over services from the city dispensation and set off a fresh tussle between the two power centres.

The Aam Aadmi Party (AAP) government termed it a "deception" with the Supreme Court verdict on control of services. The matter is pending in the Supreme Court.

Before the ordinance was promulgated, a five-judge constitution bench ended the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services.

The court held that the National Capital Territory administration was unlike other Union territories and had been "accorded a 'sui generis' (unique) status by the Constitution.

It said an elected government needs to have control over bureaucrats, failing which the principle of collective responsibility will be adversely affected. Transfer and posting of all officers of the Delhi government were under the executive control of the Lt Governor before the May 11 apex court verdict.

(With agency inputs)