SC permits Delhi govt to amend challenge to services law, seeks Centre’s response in 4 weeks

The Supreme Court (SC) has permitted the Delhi government to amend its petition regarding the Delhi services ordinance which was recently enacted as law in the Parliament. The Centre has said it has no objection for this amendment in the plea.

New Delhi :The Supreme Court on Friday allowed the Delhi government to amend its petition challenging the recently passed law by Parliament in connection with the control over services in the national capital. Senior advocate A M Singhvi, representing the Delhi government, contended before a bench headed by Chief Justice DY Chandrachud that the earlier the challenge was directed against the ordinance which has now become law after it was cleared by the Parliament.

The top court asked Solicitor General Tushar Mehta whether the requested amendment could be allowed? Mehta said it could be done right away. The apex court allowed the amendment to the petition and granted four weeks’ time to the Centre to file its response to the amended plea.

Parliament recently cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill. Prior to this, the challenge to the Centre’s ordinance over services was referred by the apex court to a five-judge constitution bench. The law takes away the control over services from the Delhi government and triggers a fresh legal battle between the state government and the Centre.

In July, the Supreme Court had said a constitution bench, comprising five-judges, will examine: what are the contours of the power of Parliament to enact a law under Article 239-AA (7) and whether Parliament can abrogate the constitutional principles of governance for the Delhi government by making a law taking away its control over services.

The Delhi government had sought a stay of the NCT ordinance on the ground that it prevents the Government of NCTD from meeting its popular mandate. The top court refused to entertain state government submissions - the entire system will be paralysed during its pendency - against referral of the matter to a constitution bench.

The state government had submitted that 2023 ordinance abrogates the principles of collective responsibility and the triple chain of accountability which are important facets of NCTD’s governance structure.