Supreme Court Rejects Delhi Government’s Plea to Freeze Centre’s Ordinance

New Delhi: The Supreme Court on Monday denied a freeze on the Centre’s executive order that controls the bureaucrats posted in Delhi. The court responded to a petition by the Aam Aadmi Party government of Delhi, which had challenged the constitutional validity of the Centre’s order. However, the court has issued a notice to the Centre in response to the Delhi government’s petition.

Chief Justice of India DY Chandrachud stated that the court will issue a notice to amend the petition to include the Lieutenant Governor. The next hearing is scheduled for Monday, during which the court will also address the Delhi government’s petition regarding the sacking of 400 specialists, such as fellows and research officers, by the Lieutenant Governor.

In its petition, the Delhi government argued that the Lieutenant Governor was “acting like a super CM” following the Centre’s executive order issued last month. The order overrides a Supreme Court ruling from a week earlier, which stated that the Delhi government holds the authority. The five-judge Constitution Bench, led by Chief Justice Chandrachud, emphasized that except for matters related to land, police, and public order, the Lieutenant Governor has no independent decision-making powers under the Constitution.

This case originated in 2018 when the Arvind Kejriwal government approached the court, claiming that their decisions were consistently overridden by the Lieutenant Governor, who serves as the Centre’s representative in Delhi. The transfer and appointment of officials became a contentious issue between Kejriwal’s government and the Lieutenant Governor. Kejriwal frequently expressed frustration, stating that he was unable to appoint even a low-ranking staff member or transfer an officer, as bureaucrats did not comply with the orders of his government due to the Home Ministry’s control over their cadre.