In AAP v BJP Delhi ordinance row, SC issues notice to centre, LG

The Supreme Court on Monday issued notice to the centre to respond to a Delhi government petition seeking to quash a controversial ordinance that gives the Bharatiya Janata Party in power at the centre control over bureaucrats and government services in the city.

A bench of Chief Justice DY Chandrachud and Justice PS Narasimha fixed next Monday for the fresh hearing.

The court also allowed Delhi Lieutenant Governor VK Saxena to be made a party and issued a notice seeking his response to the petition by the Delhi government, which is run by the Aam Aadmi Party. Apart from looking to quash the ordinance, the Delhi government had also asked for a stay.

In its plea, the Delhi government – represented by senior advocate Abhishek Singhvi – slammed the ‘unconstitutional exercise of executive fiat’.

The Delhi government also claimed an attempt to ‘override’ the top court and accused the centre of contravening the fundamentals of the Constitution.

The ‘black’ ordinance

In May the centre promulgated an ordinance that creates an authority – independent of the elected Delhi government – for transfer and posting of senior civil service officers in the city-state.

The AAP ripped into the move – which came shortly after the top court held that the elected AAP government should be allowed legislative and executive control of administrative services in the national capital, with the exception of those related to land, law and public order, and police.

What did the Supreme Court say?

The top court – in a five-member bench led by the chief justice – ruled an elected government needed to control bureaucrats, failing which the principle of collective responsibility would be affected.

AAP’s ‘opposition unity’ efforts

The promulgation of the ordinance – which will be tabled in the Rajya Sabha in the next Parliament session – triggered furious protests from the AAP and other opposition parties. Determined to head the BJP off at the pass, the AAP has been furiously trying to gather support from other opposition parties; Kejriwal has been visiting top leaders like Bengal counterpart Mamata Banerjee, Bihar CM Nitish Kumar and ex-Maharashtra chief minister Uddhav Thackeray and asking for their support.