The Aam Aadmi Party (AAP) led government of Delhi has taken the legal route by filing a plea in the Supreme Court, challenging the constitutional validity of the Delhi Services Ordinance. This ordinance grants extensive powers to the Lieutenant Governor (LG) of Delhi, who is appointed by the central government, to oversee the transfer, posting, and disciplinary proceedings of civil servants in Delhi.

The Delhi government argues that this ordinance undermines the authority of the elected government and empowers an unelected official. It contends that the ordinance violates Article 239AA of the Constitution, which mandates that power and control over services should be vested in the elected government of Delhi.

The Supreme Court had recently ruled that the Delhi government has the authority to control all services, including Indian Administrative Service (IAS) officers, in the national capital, except for those related to land, police, and law and order. However, the Delhi Services Ordinance was promulgated shortly after this ruling, which seeks to override the court's decision.

The plea filed before the Supreme Court asserts that the ordinance is an unconstitutional exercise of executive power. It argues that the ordinance violates the federal and democratic governance framework established for the National Capital Territory of Delhi. Additionally, it contends that the ordinance is arbitrary, legislatively reviews a Constitution Bench judgment, and constitutes an abuse of ordinance-making powers.

The Government of National Capital Territory of Delhi (Amendment) Ordinance, as it is formally known, amends the 1991 Government of National Capital Territory of Delhi Act. It grants overriding powers to the LG in matters of transfer, posting, and control over officers in Delhi. The ordinance justifies these provisions by stating that the national capital belongs to the entire nation and that the central government has a vital interest in its governance.

The petition filed by the Delhi government argues that the ordinance disrupts the federal and democratic governance guaranteed by Article 239AA. It claims that the ordinance sidelines the elected government of Delhi and disregards a previous Supreme Court judgment that declared a similar attempt in 2015 as unconstitutional.

The plea challenges several amendments made to the 1991 Act, including the shift of power from the elected government to the Union government through the LG, the establishment of an authority to recommend postings, transfers, and disciplinary actions against civil servants directly to the LG, complete control of Delhi's Public Account and Consolidated Fund by the LG, appointments to various boards and commissions being made by the President, and the ability of the LG and bureaucrats to override cabinet decisions without the concurrence of ministers.

The plea has been filed through Advocate Shadan Farasat on behalf of the Delhi government. This legal move by the Delhi government sets the stage for a significant legal battle over the jurisdiction and control of civil services in the national capital.