In a significant development, the Supreme Court has granted the Delhi government permission to modify its legal challenge against a controversial law that handed control of the city's bureaucracy to the Union government. This move comes after the Delhi Services Ordinance, issued on May 19, was replaced by a bill passed by Parliament on August 8, which became the GNCTD (Amendment) Act, 2023. Here, we break down this legal saga and its implications.
The Union government, in a move that drew widespread criticism, promulgated the Delhi Services Ordinance on May 19. This ordinance effectively wrested control over 'services' in the national capital from the Delhi government and transferred it to the Union government, through significant amendments to the Government of National Capital Territory of Delhi (GNCTD) Act, 1991. Additionally, the ordinance bolstered the authority of the Lieutenant Governor, granting them the sole discretion in matters related to the transfer and posting of bureaucrats.
The Delhi government wasted no time in challenging this ordinance, filing a petition on June 30, arguing that it not only undermined democratic governance but also disregarded the will of Delhi's electorate. The government also sought a stay on the ordinance, alleging that it was introduced to nullify favorable Supreme Court decisions made in May 2023 and July 2018, which supported the elected government's authority.
Recognizing the need for legal clarity, Chief Justice of India Dhananjaya Y Chandrachud allowed the Delhi government to amend its petition. This amendment was necessary because the services ordinance had been replaced by the GNCTD (Amendment) Act, 2023, a critical legal shift.
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The GNCTD (Amendment) Act, 2023, which replaced the contentious ordinance, introduced several crucial changes. It removed a section intended to counter a Supreme Court ruling from May 2023, which had favored the elected Delhi government in the power struggle. Furthermore, it altered the process for appointing tribunal heads in the national capital, now involving the Lieutenant Governor, in contrast to the ordinance that gave the final say to the President of India. Moreover, the central government was given authority to make appointments in boards, commissions, and statutory bodies established under acts passed by Parliament, while proposals for appointments in bodies established by the Delhi assembly were to be routed through the National Capital Civil Service Authority (NCCSA). Lastly, the amendment act eliminated the requirement for the NCCSA to furnish an annual report on its functioning to both the Centre and the Delhi government, a provision previously mandated by the ordinance.
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The battle for control over Delhi's bureaucracy has been a long-standing conflict between the Centre and the Delhi government. The Supreme Court's decision to allow the modification of the legal challenge reflects the evolving legal landscape surrounding this issue. As the legal proceedings continue, questions about the scope of Parliament's power under Article 239-AA(7) and its ability to alter constitutional governance principles in Delhi remain central to the dispute. The outcome of this legal tussle will undoubtedly shape the future of governance in the national capital.
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