Supreme Court has granted permission to the Government of National Capital Territory of Delhi (GNCTD) to amend its writ petition, originally filed to challenge the GNCTD (Amendment) Ordinance 2023. The amendment aims to incorporate a challenge against the newly enacted Act that supersedes the earlier Ordinance.

Senior Advocate Dr. Abhishek Manu Singhvi, along with Advocate Shadan Farasat, representing GNCTD, presented the application before a bench comprising Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra. Solicitor General of India Tushar Mehta raised no objections to the amendment application, leading to its approval.

The focal point of the controversy lies in the Government of National Capital Territory (Amendment) Ordinance 2023, introduced in May. This ordinance aimed to strip the Delhi government of its authority over civil servants functioning within its jurisdiction. Notably, the ordinance came just a week after a significant verdict by a Constitution Bench of the Supreme Court.

This verdict affirmed that, barring matters related to public order, police, and land, the control over administrative services in the national capital rested with the Delhi government. However, the Central government has also sought a review of this constitution bench ruling.

Last month, a bench led by Chief Justice Chandrachud escalated the matter by referring the petition filed by the Delhi Government against the recent Ordinance to a five-judge constitution bench. This comes in the wake of the replacement of the Ordinance with an Act passed by both Houses of Parliament and subsequently receiving presidential assent.

The case, titled "Government of National Capital Territory of Delhi v. Union of India," continues to be a focal point of the power struggle between the Delhi government and the Central government. The decision to amend the petition to include a challenge against the newly enacted Act demonstrates the determination of the GNCTD to assert its authority and protect its administrative autonomy. As the legal proceedings unfold, the outcome of this case will likely have far-reaching implications for the distribution of powers between the state and the central authorities.

Case titled: Government of National Capital Territory of Delhi v. Union of India