Abhishek Manu Singhvi, a lawyer and spokesman for the Congress party, described the ordinance that the government issued to override the Supreme Court ruling in which it lost control over the National Capital Territory to the Delhi government as the act of a “bad, poor, and graceless loser.” Singhvi, who represented the Delhi government in the decades-long legal dispute, remarked, “I have my doubts that Parliament as a whole will approve it.”
Singhvi questioned how the Constitution Bench of the Supreme Court could be nullified by ordinance. “Basis of Constitution Bench was federalism; critical, unique, NCT status under 239AA not being a mere UT; autonomy of elected govt; CS to be accountable to elected govt…none of these can be changed by Ordinance,” the senior attorney questioned.
The new ordinance re #NCT wl hv to be closely examined. But clearly, it is the act of a bad, poor & graceless loser. Doubtful if ctal principles cn be diluted by ordinances/acts. Greater doubt whether parl as a whole wl at all approve it. #LG #NCT #homeministry #goi #bjp
— Abhishek Singhvi (@DrAMSinghvi) May 19, 2023
What is the Delhi ordinance?
The Union government issued an ordinance on Friday stating that the Centre will be in charge of “services” in the National Capital Region. A week earlier, the Supreme Court ruled that the Delhi government has authority over NCT services and Delhi government bureaucrats.
In accordance with the ordinance, the Lieutenant Governor has the ultimate authority and sole discretion regarding the transfer and posting of bureaucrats. The ordinance established for the very first time the National Capital Civil Service Authority, a new service commission for Delhi.
Row after Supreme Court verdict over Ashish More
The Delhi government and the LG were once again at odds over the transfer of Services Secretary Ashish More following the Supreme Court’s decision. The LG was unable to approve his transfer file. More complained to the CS that Delhi minister Saurabh Bharadwaj had a personal grudge against him.
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Friday, hours before the ordinance was issued, Kejriwal raised suspicions that the Centre was preparing an ordinance to nullify the Supreme Court’s order.
Ordinance contempt of court: AAP
Minister of Delhi Atishi stated that the ordinance constitutes a plain case of court contempt. “The Modi administration has disregarded the unanimous ruling of the Supreme Court’s constitutional panel. The Supreme Court had ordered that the elected government be granted the authority to make independent decisions in accordance with its will and the principles of democracy. However, the Centre’s ordinance demonstrates that the Modi administration is a ruthless loser. Atishi stated that the sole purpose of this ordinance is to strip the Kejriwal government of its authority.