Day after ordinance, Centre seeks review of SC ruling on Delhi services
NEW DELHI, MAY 21: The Centre on Saturday moved the Supreme Court seeking a review of its recent verdict granting the AAP government control over officials posted in the national capital, except those related to land, public order and the police.
On Friday, the Centre had promulgated the GNCTD Amendment Ordinance 2023, which in effect negated the Supreme Court order and restored the Union government’s control over officials in Delhi. Seeking an open hearing of its review plea, the Centre said the SC ruling effectively assigns Delhi the status of a full-fledged state by giving it legislative competence over most of the entries in State List and Concurrent list.
Contending that the SC ruling suffers from errors apparent on the face of it, Centre said in its plea: “The ruling substantially dilutes the powers of LG as Administrator of UT, Delhi whereby the role of LG in the capacity of the Administrator has now been confined to only entries relating to land, police and public order in State List which in effect takes away the authority of President to administer a UT and virtually renders Article 239 otiose,” the Centre’s appeal contended.
“(It) creates an anomaly, wherein by upholding that by virtue of Article 239AA the Parliament undeniably enjoys legislative supremacy, yet the council of ministers of GNCTD would now enjoy the executive supremacy, which effectively means that as regards the executive powers, Delhi despite being a Union Territory, and thus not a full-fledged State, has been elevated to the status of a State, which is in the teeth of the nine-judge judgment,” the appeal said. The judgment authored by Chief Justice of India D Y Chandrachud said the L-G is bound by the aid and advice of the NCT government.
-TNIE
