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

The Supreme Court of India Wednesday ordered a common compilation of submissions be filed by both parties in a petition by the Delhi government challenging the central governments law establishing the preeminence of the lieutenant governor over the elected Aam Aadmi Party dispensation in controlling services in the national capitalPTI reported that a bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi appearing for the Delhi government that the matter be listed before a fivejudge Constitution bench for urgent hearing ldquoI cant express the agony of the Delhi administrationrdquo the senior lawyer saidldquoThere are older Constitution bench matters We are listing and there are two sevenjudge bench matters also coming up All these are also important and are pending for yearsrdquo the CJI said adding it may be listed after some timeThe 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 rowldquoWe 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 listingrdquo the bench saidAlso read Mumbai City shops have two months to get Marathi signboardsEarlier the top court on August 25 had permitted the Delhi government to amend its petition challenging the central governments ordinance establishing preeminence of the lieutenant governor over the elected dispensation in controlling servicesAmending the petition became necessary after the ordinance was replaced by a lawIt had taken note of the submissions of Singhvi that earlier the challenge was directed against the ordinance which has now become a law after it was cleared by the two Houses of Parliament and got presidential assentThe interim application seeks amendment to the writ petition by which the NCT Ordinance was challenged Now it has been replaced by an Act the Government of National Capital Territory of Delhi Amendment Bill 2023 We have heard the counselldquoThe solicitor general says they have no objection The application for amendment is allowed The counteraffidavit reply of the Centre if any may be filed within four weeksrdquo the bench had saidParliament recently cleared the Government of National Capital Territory of Delhi Amendment Bill 2023 also known as the Delhi Services Bill that gave the lieutenant governor sweeping control over service matters After the president gave her assent the bill became a lawPrior to this the top court had referred to a fivejudge constitution bench the Delhi governments plea challenging the Centres May 19 ordinance which took away the control over services from the city dispensation and set off a fresh tussle between the two power centresThe Centre had on May 19 promulgated the Government of National Capital Territory of Delhi Amendment Ordinance 2023 to create an authority for transfer and posting of GroupA officers in DelhiThe Aam Aadmi Party AAP government termed it a deception with the Supreme Court verdict on control of services The matter is still pending in the Supreme CourtBefore the ordinance was promulgated a fivejudge constitution bench headed by the Chief Justice in a unanimous verdict had sought to put an end to the eightyearold dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services holding the National Capital Territory administration is unlike other union territories and has been accorded a sui generis unique status by the ConstitutionAgainst the backdrop of frequent runins between the AAP government and the lieutenant governor the apex court had asserted an elected government needs to have control over bureaucrats failing which the principle of collective responsibility will be adversely affectedThe new law has envisaged a National Capital Civil Service Authority for transfer posting and disciplinary proceedings against GroupA officers from the Delhi Andaman and Nicobar Lakshadweep Daman and Diu and Dadra and Nagar Haveli Civil Services DANICS cadreThe chief minister is one of the three members of the Authority while two others are bureaucrats The decisions by the Authority are to be taken by a majority and in the event of a dispute the matter will be referred to the LG whose decision will be finalTransfer and posting of all officers of the Delhi government were under the executive control of the LG before the May 11 top court verdict With inputs from PTI