Today, the Supreme Court referred to a 5-judge Constitution Bench the petition filed by the Delhi's AAP Government challenging Ordinance promulgated by the Centre to take away "services" from the control of the Government of National Capital Territory of Delhi.

The order was passed by the 3 member bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice Manoj Misra

The counsel for Government of National Capital Territory of Delhi (GNCTD), Senior Advocate Dr.Abhishek Manu Singhvi, argued that a reference is not necessary as the issue can be decided by a 3-judge bench. He contended that the Ordinance was against the provisions of Article 239AA as it dilutes the powers of the elected government. "The impugned ordinance abolishes the constitutional scheme...Art 239AA(7) - it is not meant to change the constitution itself, it is for facilitation", he submitted.

"Any reference to constitution bench will cause the whole system to be in paralysis because of the time it takes. It's a very short point", he urged. If at all the matter is to be referred, Singhvi requested that it be given priority hearing, ahead of the Constitution Bench hearing in the Article 370 cases, as the issue involved is a "short point".

However, the bench made it clear that it cannot change the schedule of Article 370 hearing

Attorney General for India R Venkataramani submitted that it is the prerogative of the 3-judge bench to make a larger bench reference if it feels that substantial questions of law are involved.

Senior Advocate Harish Salve, appearing for the Delhi LG, submitted that the Delhi Government had made illegal appointments which were terminated by the LG. "These were rank illegal appointments. LG did not terminate them under the ordinance. These people were party workers and the procedure to hire it was flawed", he submitted.

At this point, CJI raised a query regarding the Ordinance. He pointed out that the effect of the Ordinance was that "services" was also taken away from the control of the Delhi Government, though the Constitution only bars three entries relating to police, law & order and land.

Earlier, the Supreme Court had indicated that it was contemplating to refer the matter to a Constitution Bench. The court had observed that the issue whether the the powers under Article 239AA(7)(a) of the Constitution could be invoked to make the law of the present nature was not considered in either of the Constitution Bench judgments of 2018 and 2023 in the GNCTD vs Union of India cases.

Ultimately, the bench had posted the matter for today (July 20) to hear preliminary arguments regarding the need for reference.