New Delhi: The Supreme Court on Thursday referred to the five-judge Constitution bench plea of the Delhi government challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 issued by the Centre relating to control over bureaucrats.
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra while referring the matter to the Constitution bench said the order in this regard will be uploaded to the website by the evening.
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government objected to the reference of the matter to the five-judge bench saying it is not necessary as the issue can be decided by a three-judge bench.
Singhvi argued that the Ordinance was against the provisions of Article 239AA as it dilutes the powers of the elected government. He said, "Any reference to the Constitution bench will cause the whole system to be in paralysis because of the time it takes. It's a very short point."
The bench rejected his request that if this matter is referred to the Constitution bench it be given priority in hearing. He asked the bench that the Constitution bench hearing in the Article 370 cases, which is to begin in August, be deferred and the challenge to the Ordinance matter be heard first.
On July 17, the three-judge bench had indicated that it may send the matter to a five-judge bench.
The bench on that day observed that the issue of whether the powers under Article 239AA(7)(a) of the Constitution could be invoked to make the law of the present nature was not considered in either of the Constitution bench judgments of 2018 and 2023 passed in the tussle between Delhi and Centre. (with Agency inputs)
