Government of NCT of Delhi v. Union of India

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Government of NCT of Delhi v. Union of India

This writ petition challenges the 2023 Ordinance that dilutes the Delhi government’s authority over the State Public Service.

Petitioners Arguments

By excluding Entry 41 of the State List from the legislative power of the Government of the NCT of Delhi under Article 239-AA , the Ordinance effectively amends the Article. The Ordinance removes the executive power vested in the elected government of the NCT of Delhi and places it in the Lieutenant Governor. This violates the Constitutional principles of collective responsibility and triple chain of accountability which require the permanent executives to be responsible to the elected Government, who are responsible to the legislature, who are responsible to the public. The Parliament does not have the powers to abolish the constitutional scheme of governance envisaged for the NCT of Delhi under Article 239AA. The Ordinance was promulgated by the President under Article 123 , which only grants him the power to do so if it is necessary to take immediate action. In the present case there was no such urgency as the Monsoon Session of the Parliament was forthcoming in a few months.

Responders Arguments

The Respondent made a reference to the 2023 judgement of a Constitution Bench in Government of NCT of Delhi v. Union of India , wherein the Court observed that if Parliament enacts a law granting executive power on any subject which is within the domain of NCT of Delhi, the executive power of the Lieutenant Governor shall be modified to the extent, as provided in that law.

Last Listed On

2025-05-23

Start Date

2023-07-20

End Date

2025-05-23

Card Stage Date

2023-07-20

Review Petition No

W.P.(C) No. 678 / 2023

Case Status

Archive

Bench Status

Not Constituted

Subject Matter

Constitution

Pendency

1 year, 9 months, 23 days

Disposal Time

1 year, 10 months, 3 days

5 Judge Bench

Reference to larger bench

Consider As Stage Of Pendency

true

Date of institution of case

Date of reference to larger Bench

Last listed on

A 5 Judge Bench of the Supreme Court declared on 11-05-2023 that the Government of Delhi shall have power over civil servants within the National Capital of Delhi. It was held that the said power would be shared between the Delhi Legislature, Executive and the Parliament as per Article 239AA. On 19-05-2023 however the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 [“NCT Ordinance”] , which amended the Government of NCT of Delhi Act 1991 [“GNCTD Act”] , through the Parliament’s powers under Article 239AA(3)(b) and Article 239AA(7) of the Constitution of India . The Ordinance, vide the newly inserted Section 3A in the GNCTD Act , precludes the Delhi Legislative Assembly from enacting laws on State public services under Entry 41 . Additionally, the NCT Ordinance establishes a new scheme for the distribution of executive power over services between the Union and the Government of the NCT of Delhi by setting up the National Capital Civil Service Authority. The decisions of the Authority would be taken by voting between its 3 members - two union appointees and the Chief Minister of Delhi - and are implementable only on approval of the Lieutenant Governor. The Petitioner, therefore, challenged the constitutional validity of the NCT Ordinance vide a writ petition under Article 32 before the Supreme Court of India.

What are the contours of the power of Parliament to enact a law under Article 239-AA(7) ? Whether Parliament in the exercise of its power under Article 239-AA(7) can abrogate the constitutional principles of federal governance for NCT of Delhi?

Government of National Capital Territory of Delhi (Amendment) Ordinance 2023

Article 239AA(7)(a) states that any law made by the Parliament with respect to the NCT of Delhi must only give effect to or supplement the Article. On the other hand Article 239AA(7)(b) prima facie means that a law made under Article 239AA(7)(a) could alter the existing constitutional structure of governance of NCTD. The conflict between these two Articles requires a substantial interpretation of the Constitution and thus, the three-judge bench referred this matter to a Constitution Bench of the Supreme Court.

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