NEW DELHI: Against the backdrop of the President giving assent to the Government of National Capital Territory of Delhi (Amendment) Act, 2023, (“Act”), the Supreme Court on Friday allowed GNCTD to amend its plea filed earlier this year challenging the GNCTD Amendment Ordinance, 2023 (ordinance) that restored with Centre power over services.
A bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Sinha allowed the same pursuant to taking note of Delhi government’s submissions that the plea would require modification due to the ordinance replacing the act and Solicitor General Tushar Mehta non objection to the application.
Following its passage in the Parliament, the Act had received President Droupadi Murmu’s assent on August 12, 2023. The Act was subsequently notified by the Legislative Department of the Ministry of Law and Justice, effectively making it a law.
Delhi government had approached Supreme Court challenging the ordinance arguing that the same wrested control over civil servants serving GNCTD from GNCTD to unelected Lieutenant Governor. Though the Impugned Ordinance feigns a degree of democratic involvement by making stray references to the Chief Minister, it in fact relegates the Chief Minister to being a minority-voice even in the Authority tasked with making non- binding ‘recommendations’. The Impugned Ordinance shows contempt for elected assembly and elected government while making a pretense of their involvement through the Chief Minister,” the plea stated.
Laying emphasis on the fact that the ordinance destroys the scheme of federal, Westminster style democratic governance constitutionally guaranteed under Article 239AA, the plea says that the ordinance seeks to undo the principle of collective responsibility in a democracy. Notably, SC on July 20 had referred Delhi government’s plea challenging May 19 GNCTD Amendment Ordinance, 2023 (impugned ordinance) to a constitution bench.
SC extends Jain’s interim bail till September 1
The Supreme Court on Friday extended till September 1 the interim bail of former minister Satyendar Jain in a money laundering case despite vehement opposition by the the ED, which said the medical advice tendered to the AAP leader did not warrant the relief. A bench of Justices AS Bopanna and M M Sundresh granted the relief to Jain after taking note of his medical report. At the outset, senior advocate Abhishek Singhvi submitted that Jain is entitled to regular bail as he has been in jail for over 15 months.