Brief Facts
In the Matter of Government Of NCT of Delhi v. Union of India The constitutionality of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which stripped the Government of National Capital Territory of Delhi of its authority over services concerns, was contested in a writ petition. After the Constitution Bench resolved administrative authority over government worker transfers and postings, the President published the Government of National Capital Territory of Delhi Amendment Ordinance, 2023, giving the Union administrative powers. The GNCTD was given legislative authority over services under the Ordinance, but not over public order, law enforcement, or land. The NCTD’s judgements regarding services were binding on the Lieutenant Governor. Section 45D of the Ordinance, which grants the President the authority to establish authorities, boards, commissions, or statutory organisations in the NCTD while limiting the authority of the elected government, was challenged. The Supreme Court’s ruling on the matter, according to the GNCTD, is being challenged by the ordinance.
Supreme Court Conclusion
The issue was submitted to a five-judge Constitution Bench by the Supreme Court’s Division Bench, which was composed of Dr. D.Y. Chandrachud, CJI, and PS Narasimha. The Court scheduled petitions for a further date because of the urgency of the circumstance.
CASE NAME – NCT of Delhi v. Union of India, WP (Civil) No. 669/23