Row over services: Will examine if Parliament can abrogate constitutional principles of governance for Delhi, says Supreme Court

economictimes.indiatimes.com:

Supreme Court has said a five-judge constitution bench will examine whether Parliament can «abrogate the constitutional principles of governance» for the Delhi government by making a law to take away its control over services. The Centre recently issued an ordinance on the Delhi services matter by exercising its powers under Article 239-AA, a special provision in the Constitution pertaining to the national capital. The top court, which on Thursday referred to a constitution bench the Delhi government's plea challenging the Centre's ordinance, uploaded its order on its website containing the legal questions to be dealt by the larger bench. «We accordingly refer the following questions to a constitution bench: (i) What are the contours of the power of Parliament to enact a law under Article 239-AA(7); and (ii) Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of governance for the National Capital Territory of Delhi (NCTD),» said the order passed by a bench of Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra. A 10-page order, penned by the CJI, said there were two preliminary issues which arose for the consideration by a larger bench. «The first is on the import of Section 3A (of the ordinance). Section 3A removes Entry 41 (services) of List II (State List) from the legislative competence of the NCTD. On the exclusion of Entry 41 from the NCTD's legislative power, the government of the NCTD ceases to have executive power over services because executive power is co-terminus with the legislative power,» the order said.

Supreme Court refers Delhi Services Ordinance case to a constitution bench; will appoint ad hoc