Supreme Court Declines PIL Challenging Lieutenant Governor’s Control over Delhi Services

Supreme Court Declines PIL Challenging Lieutenant Governor's Control over Delhi Services

VoM News Desk | September 11, 2023 | 11:38 AM IST | Breaking News, Courts & Law | Follow on Google News

Supreme Court Declines PIL Challenging Lieutenant Governor’s Control over Delhi Services. Image/PTI

The Supreme Court has rejected a Public Interest Litigation (PIL) challenging the law that establishes the primacy of the lieutenant governor over the elected government in controlling services in the national capital, Delhi. The court’s decision was based on the fact that it was already considering a petition filed by the Delhi government on the same matter.

A bench headed by Chief Justice D Y Chandrachud, along with Justices P S Narasimha and Manoj Misra, pointed out that the Delhi government had already contested the amended law, rendering a fresh PIL unnecessary. The bench even indicated the possibility of imposing costs on the petitioner, leading to the withdrawal of the PIL.

The Supreme Court clarified that its decision not to entertain this particular PIL would not impact the ongoing litigation initiated by the Delhi government. In the previous hearing on August 25, the court had allowed the Delhi government to amend its petition following the enactment of the new law, the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which granted significant authority to the lieutenant governor in matters concerning services.

This law was passed by Parliament and subsequently received presidential assent. The dispute between the Delhi government and the central government regarding control over services had escalated when the latter issued an ordinance on May 19, which was later replaced by the aforementioned law. The ordinance had effectively stripped the city government of its powers in managing Group-A officers’ transfers and postings in Delhi.

The matter was previously referred to a five-judge constitution bench by the Supreme Court, considering the Delhi government’s plea against the May 19 ordinance. This development had reignited tensions between the two power centers, with the Aam Aadmi Party (AAP) government in Delhi viewing it as a setback in light of a previous Supreme Court ruling on the control of services.

As of now, the matter remains pending before the Supreme Court, where the legal battle between the Delhi government and the central government over service control continues to unfold.

VoM News Desk

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