Constitution bench to hear challenge to Delhi ordinance

economictimes.indiatimes.com:

Supreme Court Thursday referred to a Constitution Bench the Delhi government’s challenge to the Delhi services ordinance promulgated by the central government. The Delhi Services Ordinance promulgated by the Centre on May 19 gave overriding powers to the Lieutenant Governor in transfers and postings of civil servants in Delhi. An order to this effect was passed by a Bench headed by Chief Justice of India (CJI) D Y Chandrachud.

In a related development, the Bench indicated that it would propose the name of a pro tem chairperson for DERC on an adhoc basis till the petition is decided. The said matter will come up for resumed hearing on August 4. Appearing on behalf of the Lieutenant Governor, senior advocate Harish Salve argued that it would be improper for the Delhi government to send a list of names.

On the other hand, representing the Delhi government, senior advocate Abhishek Manu Singhvi argued that the LG should also not be permitted to send a list of names for the appointment of DERC Chairperson. Earlier this week, the top Court had orally indicated that it would consider referring the services ordinance promulgated by the central government to a Constitution Bench. During the hearing on Monday the top Court had also urged the Lieutenant Governor and Chief Minister of Delhi to set aside their political differences and jointly suggest a name for the person who should head the Delhi Electricity Regulatory Commission (DERC).

Speaking for the Bench, the CJI had verbally remarked that the two Constitutional functionaries have to “rise above political bickering”. The Bench added that the duo should sit down together and get to governance by sorting out the issues. Meanwhile, backing the promulgation of the Ordinance the