The Supreme Court of India on Monday refused to put a stay on the federal government’s ordinance over control on postings and transfers of bureaucrats posted in the national capital.
The apex court heard to a plea filed by the Delhi-ruling Aam Aadmi Party (AAP) government against the National Capital Civil Service Authority law issued by the federal authorities in May this year.
The bench, headed by Chief Justice of India (CJI) D.Y. Chandrachud, also issued a notice to the federal government seeking its stance on the ordinance.
Meanwhile, the top court asked advocate Abhishek Singhvi, appearing for the AAP government, to amend its plea and add the lieutenant governor (LG) of Delhi as a party in case.
Declining the request to put an urgent stay on the ordinance, the court said that as the ordinance is in effect, the matter must be heard first before any action can be taken.
It further posted the matter for hearing on 17 July.
The AAP government in its plea said that the ordinance introduced by the federal authorities is an “unconstitutional exercise of executive fiat” that attempts to “override” the top court and the basic structure of the Constitution of India.
Besides quashing the ordinance, the Delhi government has also sought an interim stay on it.
Notably, the federal government on 19 May promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of officials in the national capital.
The ordinance seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against officials from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
The ordinance was introduced a week after the Supreme Court of India handed over control of services in Delhi excluding police, public order, and land to the elected government.
The Aam Aadmi Party government has termed it as a "deception" with the Supreme Court verdict on control of services.
Ever since the ordinance was introduced, AAP chief Arvind Kejriwal has been garnering support among politicians of opposition parties against it. He even announced a week-long protest last week against the ordinance.