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The Supreme Court of India referred the Delhi government’s petition challenging a recent ordinance from the central government of India to a 5-judge constitution bench. The challenged ordinance seeks to remove “services” from the control of the Government of National Capital Territory of Delhi and place it in the hands of the national government.
The Delhi government’s petition challenged the Government of National Capital Territory (Amendment) Ordinance 2023, which deprived it of services power. The petition contended that the ordinance contradicts the federal democratic governance scheme in Article 239AA, undermining the principles of federalism and the elected government’s authority.
Specifically, the issue at hand in the case granted constitution bench review is whether the promulgation of the ordinance resulted in an amendment of the Constitution without actually amending Article 239AA, which governs the power and control over services vested in the elected government. The Supreme Court also questioned whether the ordinance nullified Entry 41 of the State List, dealing with the state’s power over public services.
The central government’s affidavit claimed that the ordinance was necessary to address harassment faced by officials and bureaucrats from the Delhi government, which previously led to turmoil. The central government went on to argue that governance of the national capital concerned the entire nation. That, according to the affidavit, justified the government’s intervention to protect the country’s image.
Ministry of Home Affairs previously accused the Delhi government of going on a “rampage” after a May verdict limited the Delhi Lieutenant Governor’s powers over bureaucrats. The federal government claimed that officers were harassed and subject to media trials and threats, leading to a negative global image for the nation.
The Delhi government’s request to have its case regarding the control of civil servants in the national capital taken up before the constitution bench hearing on the abrogation of Article 370 was not granted by the three-judge bench led by Chief Justice Chandrachud. Senior advocate A.M. Singhvi argued that the governance in Delhi was paralyzed, but Chandrachud stated that it was too late to make changes, since the Article 370 case was already scheduled for August 2.
The post Constitution bench of India Supreme Court to hear Delhi government’s appeal of federal government ordinance appeared first on JURIST - News.
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The Delhi government’s petition challenged the Government of National Capital Territory (Amendment) Ordinance 2023, which deprived it of services power. The petition contended that the ordinance contradicts the federal democratic governance scheme in Article 239AA, undermining the principles of federalism and the elected government’s authority.
Specifically, the issue at hand in the case granted constitution bench review is whether the promulgation of the ordinance resulted in an amendment of the Constitution without actually amending Article 239AA, which governs the power and control over services vested in the elected government. The Supreme Court also questioned whether the ordinance nullified Entry 41 of the State List, dealing with the state’s power over public services.
The central government’s affidavit claimed that the ordinance was necessary to address harassment faced by officials and bureaucrats from the Delhi government, which previously led to turmoil. The central government went on to argue that governance of the national capital concerned the entire nation. That, according to the affidavit, justified the government’s intervention to protect the country’s image.
Ministry of Home Affairs previously accused the Delhi government of going on a “rampage” after a May verdict limited the Delhi Lieutenant Governor’s powers over bureaucrats. The federal government claimed that officers were harassed and subject to media trials and threats, leading to a negative global image for the nation.
The Delhi government’s request to have its case regarding the control of civil servants in the national capital taken up before the constitution bench hearing on the abrogation of Article 370 was not granted by the three-judge bench led by Chief Justice Chandrachud. Senior advocate A.M. Singhvi argued that the governance in Delhi was paralyzed, but Chandrachud stated that it was too late to make changes, since the Article 370 case was already scheduled for August 2.
The post Constitution bench of India Supreme Court to hear Delhi government’s appeal of federal government ordinance appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.