Supreme Court Allows Delhi Government To Bring On Record Challenge Against GNCTD (Amendment) Act 2023

Awstika Das

25 Aug 2023 10:48 AM IST

  • Supreme Court Allows Delhi Government To Bring On Record Challenge Against GNCTD (Amendment) Act 2023

    The Supreme Court on Monday allowed the Government of National Capital Territory of Delhi (GNCTD) to amend its writ petition - which was filed challenging the GNCTD (Amendment) Ordinance 2023 - to incorporate a challenge to the recently passed Act which replaces the Ordinance. Senior Advocate Dr.Abhishek Manu Singhvi, assisted by Advocate Shadan Farasat, appearing for the GNCTD, mentioned...

    The Supreme Court on Monday allowed the Government of National Capital Territory of Delhi (GNCTD) to amend its writ petition - which was filed challenging the GNCTD (Amendment) Ordinance 2023 - to incorporate a challenge to the recently passed Act which replaces the Ordinance.

    Senior Advocate Dr.Abhishek Manu Singhvi, assisted by Advocate Shadan Farasat, appearing for the GNCTD, mentioned the application before a bench of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra Solicitor General of India Tushar Mehta did not object to the amendment application. Accordingly, the amendment application was allowed.

    The Delhi Government has challenged the Government of National Capital Territory (Amendment) Ordinance 2023, which sought, among other things, to take away the powers of the Delhi government to control the civil servants operating within its jurisdiction. This ordinance was promulgated in May, one week after a Constitution Bench of the Supreme Court delivered a crucial verdict confirming that the control over administrative services in the national capital – barring those related to public order, police, and land – belonged to the government of the national capital territory of Delhi. Meanwhile, the Centre has also sought a review of the May constitution bench judgment.

    Last month, a bench headed by Chief Justice Chandrachud referred to a five-judge constitution bench the petition filed by the Delhi Government challenging the recent Ordinance, which has now been replaced by an act of the Parliament after passing both Houses and getting presidential assent.

     Case Title

    Government of National Capital Territory of Delhi v. Union of India

    Click Here To Read/Download Order

    Awstika Das

    Awstika Das

    Awstika Das, an alumna of the Faculty of Law at the University of Delhi, and the Department of International Relations at Jadavpur University, is a Delhi-based lawyer and a multimedia journalist. She works as a special correspondent covering the Indian Supreme Court. She also hosts a weekly legal news round-up segment on YouTube.

    Next Story