The Supreme Court on Friday allowed an application moved by the Delhi government seeking to amend its petition to challenge the Delhi Services Act as passed by Parliament replacing the contentious ordinance brought by the Centre on control of services in the national capital.
A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, allowed the amendment application upon being mentioned by senior advocate Abhishek Manu Singhvi, who appeared for the Delhi government.
Solicitor General Tushar Mehta, who was present in the court, conveyed that Centre has no objection to it.
The court granted a period of four weeks to the Union government to file its fresh counter affidavit in the matter.
On August 12, President Droupadi Murmu gave her assent to the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023 passed by Parliament, thus turning the bill into law.
The law replaced the ordinance promulgated earlier by the Centre over transfers and postings of senior officials in the national capital.
The Delhi government has now proposed to challenge the provisions of the law and sought to amend its earlier plea challenging the services ordinance.
Notably, the Supreme Court had referred Delhi government’s plea challenging the constitutionality of the ordinance to a five-judge Constitution Bench.
The Ordinance, now replaced by a law, was brought after a five-judge Constitution Bench of the Supreme Court had granted control over services in Delhi excluding police, public order and land to the elected government.
Thereafter, Delhi's AAP government had moved the Supreme Court challenging the constitutionality of the Ordinance, saying it violates the scheme of federal, democratic governance entrenched for the NCTD in Article 239AA and is manifestly arbitrary, and sought an immediate stay.
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