Services Ordinance Row: Supreme Court refers Delhi Govt’s plea to Constitution Bench
June 9, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat Delhi

Services Ordinance Row: Supreme Court refers Delhi Govt’s plea to Constitution Bench

The Supreme Court has referred the Delhi Government’s petition challenging the Government of India’s May 19 ordinance to a Constitutional Bench, likely to be taken up after Article 370 cases

WEBDESKWEBDESK
Jul 20, 2023, 05:00 pm IST
in Delhi
Follow on Google News
Supreme Court, Arvind Kejriwal
FacebookTwitterWhatsAppTelegramEmail

On July 20, the Supreme Court of India referred the Delhi Government’s petition challenging the Government of India’s ordinance May 19 ordinance to a Constitution Bench. The court’s three-judge bench, comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice Manoj Mishra passed the order.

Delhi Government’s counsel, Senior Advocate Abhishek Manu Singhvi opposed referring the case to the Constitution Bench, contending that the issue can be decided by a three-judge bench. The counsel further argued that the impugned Ordinance dilutes the powers of the elected government.

“Any reference to constitution bench will cause the whole system to be in paralysis because of the time it takes. It’s a very short point,” Singhvi argued. He requested the court that if the matter would be referred to a Constitution Bench, it be given priority hearing over the Article 370 petitions as the issue involved is a “short point.” However, the court refused Singhvi’s request stating that the schedule for Article 370 cases cannot be changed.

The Attorney General of India R Venkataramani submitted that it was the court’s prerogative to refer the case to a larger bench if it feels that substantial questions of law were involved.

Related News: ‘National capital belongs to entire nation …….’ – Know what Union Govt says in its Ordinance to empower Delhi LG

The court observed that the impugned Ordinance takes away Delhi Government’s power over “services,” even though the Constitution bars it from exercising power over three entries – police, law & order and land. “What you have effectively done is that the Constitution says barring three entries, Delhi assembly has power. But the Ordinance takes away Entry 41 also from the power. That is the effect of Section 3A,” the Chief Justice noted.

The court then decided to refer the case to a Constitution Bench. Singhvi requested the court to hear the case at the earliest after the Article 370 matter is over.

Delhi Government’s Petition

The Delhi Government’s petition submits that the Government of India brought out the ordinance after the Supreme Court ruled that the Delhi Government has power over Entry 41 of List II. The Delhi Government argues that the ordinance was brought out to invalidate the Constitution Bench’s ruling.

The Delhi Government has challenged the ordinance, contending that it violates the scheme of federal and democratic governance enshrined in Article 239AA of the Constitution of India. The petition further argues that the ordinance negates the principle of federalism and primacy of the elected government.

Also Read: Delhi Govt moves Supreme Court challenging the Govt of India’s ordinance regulating control over services

“The principle of collective responsibility in a democracy – incorporated in Article 239AA(6) – requires that the elected government be vested with control over officials posted in its domain. In the federal context, this would require that such control be vested in the regional government – i.e. the GNCTD under Article 239AA – for matters in its domain. This essential feature was secured for the GNCTD by this Hon’ble Court’s 2023 Constitution Bench judgment, and is now sought to be undone by the Impugned Ordinance,” the petition reads.

“The Impugned Ordinance, thus, completely sidelines the elected Government, i.e. the GNCTD, from control over its civil service,” the Delhi Government argues. The Delhi Government also argues that as per Article 239AA, it has powers over all matters of state list excluding three subjects – law and order, police and land. However, the ordinance aims to add the subject of ‘services’ in the exclusions, without making a constitutional amendment.

The Delhi Government submits that it is settled law that it is impermissible for the legislature to overrule a decision. “The Impugned Ordinance attempts to reverse this Hon’ble Court’s ruling on each of these two aspects by simply amending the GNCTD Act, without amending the ruling’s basis, i.e. the Constitution itself. In so far as the Impugned Ordinance reverses this Hon’ble Court’s decision, it amounts to an impermissible ‘direct overruling’ or ‘review’ and is liable to be struck down,” the petition read.

Also Read: Govt of India issues ordinance for regulating control over civil services; find out what it means for Delhi Govt

The Delhi Government is challenging the Government of India’s ordinance on the grounds of manifest arbitrariness. The government argues that the ordinance would make governance impossible as it takes away its power over services. “By vesting control over civil servants in the hands of the Union, and then conferring wide discretionary powers on civil servants to override the GNCTD, the Impugned Ordinance in effect and design allows the Union to take over the governance of Delhi,” the petition read.

The Delhi Government also argues that the Government of India’s ordinance is an abuse of powers under Article 123 of the Constitution of India. The government argues there was no urgency to promulgate an ordinance. “The unseemly hurry in reversing a ruling of this Hon’ble Court via Ordinance, and the timing of its promulgation, reveals a conscious intent to avoid democratic as well judicial deliberations that could safeguard the interests of the people of Delhi,” the petition read.

Topics: Arvind KejriwalAam Aadmi PartySupreme CourtDelhi governmentConstitution BenchServices Ordinance Row
ShareTweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Maharashtra landslide flattens hillside homes of 48 Tribal families, kills 10; CM Shinde at ground zero

Next News

Know India’s richest MLA with net worth of Rs 1,413 Crore — Here’s the list of top 10 richest MLAs

Related News

CJP Under the Lens: From Delhi Riots defenders to foreign media endorsements

Cockroach Janata Party Under Scrutiny: From Naxal sympathisers to foreign media endorsements- Know real face of CJP

AAP’s New Front? CJP Emerges as Congress’s Biggest Narrative Challenger

Congress Protests, CJP Trends: AAP harvests through CJP on ground tilled by Congress

Supreme Court remarks have revived the UAPA bail debate, with supporters citing national security concerns

UAPA Bail Debate: Striking a delicate balance between individual liberty and national security

Supreme Court invokes Article 142, issues strict timelines to curb delay in High Court judgments

Supreme Court invokes Article 142, orders strict timelines for High Court judgments to end delays in justice delivery

Delhi government to provide free residential plan for disabled female students; To cover 21 categories under RPwD Act

SIR and Article 324: Supreme Court strengthens the constitutional spine of Indian Democracy; Reaffirms ECI’s authority

Load More

Latest News

India Deploys 12 Nuclear Warheads: Heralds doctrinal shift to script strategic deterrence against multi-front threat

J&K: Zojila tunnel clears key hurdle; Signals new era of connectivity for Ladakh

How Cockroach politics is hollowing out Bharatiya democratic culture

RSS centenary year is a time for renewed resolve and greater commitment to nation-building: Dr Mohan Bhagwat

Ex-DMK Minister Senthil Balaji (Right Side-File Photo)

Tamil Nadu: CBI books Rs 397 cr transformer tender scam from ex-DMK Minister Senthil Balaji’s tenure (2021-2023)

Border Security Force (BSF) officials inspect the Single Row Fencing (SRF) at a Border Out Post area (India-Bangladesh border)

Infiltration and Border Management: Saving the Siliguri corridor

External Affairs Ministry spokesperson Randhir Jaiswal, slams Pakistan over the recent killings in POJK

‘Hope Pakistan is held accountable’: India reacts after 20 killed in Pakistan Occupied Jammu & Kashmir

China’s anti-BLA offensive hits snag as UN members demand proof

UN Setback for China and Pakistan: US and allies stall move to ban Baloch Liberation Army

West Asia Conflict: Collective response to energy crisis

Atul Limaye Ji Sah Sarkaryavah, Rashtriya Swayamsevak Sangh while addressing a Pramukh Jan Gosthi Rashtriya at Raipur, Chhattisgarh

Chhattisgarh: Society must lead its own transformation through collective initiative: Atul Limaye

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies