Row Over Services: Will Examine If Parliament Can Abrogate C
Row Over Services: Will Examine If Parliament Can Abrogate Constitutional Principles Of Governance For Delhi, Says Supreme Court
|
The 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 :
(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.
The issue, therefore, is whether a law could completely remove Delhi government’s executive power over services, it said, adding that the aspect of services under Entry 41 was also “interconnected with the validity of Section 3A” of the ordinance.
While referring the Delhi government’s plea to the constitution bench, it had rejected the vehement submission of the city dispensation that there was no need for referring the matter to a constitution bench as it will “paralyse the whole system” during its pendency.
On Thursday, the bench raised a raised a query with regard to the ordinance and said it took away the control of services from the control of the Delhi government.
The Constitution excludes three entries of List II (State List) related to police, law and order and land from the control of the Delhi government, it said.
“What you (Centre) have effectively done is that the Constitution says barring three entries, Delhi legislative assembly has the power. But, the ordinance takes away Entry 41 (services) (of the List II) also from the power. That is the effect of Section 3A of the ordinance,” the bench said.
The bench had recently issued notices to the Centre and the Delhi lieutenant governor on the plea while refusing to grant an interim stay on the ordinance on control over services in the national capial.
Article 239AA deals with special provisions with respect to Delhi in the Constitution and its sub-article 7 says, “Parliament may, by law, make provisions for giving effect to, or supplementing the provisions contained in the foregoing clauses and for all matters incidental or consequential thereto.”
It also says any such law made under the article “shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending, this Constitution.”
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for transfer and posting of Group-A officers in Delhi.
Source
Source
Post Categories
Featured Posts
Latest Posts
Latest Posts
An In-Depth Look at Environmental and Sustainability Law...
In today's rapidly changing world environmental and sustainability law has become a cornerstone of global legal practices With increasing awareness of climate change resource depletion and environmental degradation these laws are essential for promoting sustainable development and protecting our planet...
Supreme Court Issued contempt Notice to Patanjali Ayurved its MD for Misleading ads On...
The Supreme Court on Tuesday February came down heavily on Patanjali Ayurved for continuing to publish misleading advertisements regarding medicinal cures despite making an assurance to the Court earlier in November last year that no such statements would be...
ADR in Family Law Benefits and Challenges...
Alternative Dispute Resolution ADR has become a pivotal tool in family law offering a way to resolve disputes without the need for contentious court battles At Eos Chambers we've observed the growing reliance on ADR methods such as mediation arbitration...
Judge Aspirants Get Relief Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not...
The Supreme Court on Friday September granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission BPSC due to non-production of original certificates at the time of interview Holding that production...
Deactivated Mobile Number Not Assigned To New User For Days TRAI Tells Supreme Court...
The Telecom Regulatory Authority of India TRAI has told the Supreme Court that once a cellular mobile telephone number is deactivated for non-usage or disconnected on the request of the subscriber it is not allocated to a new subscriber for...
BREAKING Arbitration Clauses In Unstamped Agreements Enforceable Supreme Court -Judge Bench Overrules 'NN Global'...
A seven-judge bench of the Supreme Court on Wednesday December ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence...
Speak With Our
Get a Appointment