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posted by: Niranjana VB
Last updated: Jul 09, 2023 at 7:37 PM IST
The Aam Aadmi Party (AAP) government called it a “scam” with the Supreme Court’s ruling on controlling the services. (Shutterstock)
The AAP government claims it is an “unconstitutional exercise of executive order” trying to “override” the Supreme Court and the Constitution.
On Monday, the Supreme Court is scheduled to hear a petition filed by the Delhi government challenging the constitutionality of the ordinance on censorship of services. The court comprising Chief Justice D.Y. Chandrachod and Justices P.S. Narasimha to command.
Senior advocate Abhishek Singhvi had brought the matter up seeking an urgent hearing on July 6.
In its appeal, the AAP government said it was an “unconstitutional exercise of executive order” attempting to “override” the Supreme Court and the basic structure of the Constitution.
Besides revoking the ordinance, the Delhi government has also sought a temporary halt to it.
The Center on May 19 passed the National Capital Territory Delhi (Amendment) Government Act, 2023, to establish authority for the transfer and deployment of Group A officers in Delhi.
The Aam Aadmi Party (AAP) government called it a “scam” with the Supreme Court’s ruling on control over the services.
The decree, which came a week after the Supreme Court handed over control of services in Delhi except police, public order and territory to the elected government, seeks to set up a civil service authority in the national capital to transfer disciplinary action against group-officers from the Delhi, Andaman and Nicobar services cadre, Lakshadweep, Daman, Diu and Dadra and Nagar Haveli (DANICS).
The transfer and appointment of all Delhi government officers was under LG’s executive control ahead of the Supreme Court’s ruling on May 11.
In its pleading, the Delhi government said the decree, which came days after the Supreme Court ruling, is a clear attempt to “bypass” the Supreme Court and the basic structure of the constitution itself by executive order.
The five-judge constitution panel chaired by Chief Justice D. Y. Chandrachod, in a unanimous ruling, put an end to the eight-year dispute between the Center and the Delhi government that was triggered by a 2015 Home Ministry notification confirming its control over services. Retaining the administration of the National Capital Territory is different from Other union territories have been “conferred” (unique) status by the Constitution.
Against the backdrop of frequent disagreements between the AAP government and the man of the centre, the Lieutenant Governor, the Supreme Court emphasized that the elected government needed to control the bureaucrats, otherwise the principle of collective responsibility would be negatively affected.
(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)
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