On Monday, the Supreme Court of India rejected a PIL challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023. 

Significantly, the ordinance is reported to transfer control over civil servants from the Delhi government to the Lieutenant Governor, often described as "wresting" authority.

During the proceedings, a bench consisting of CJI Chandrachud, Justice Narasimha, and Justice Manoj Misra questioned the petitioner's standing to appear in person and indicated a leaning towards imposing costs.

"We read these papers and come, infrastructural costs are involved..who are you to challenge this ordinance?", said the bench.

Further, the petitioner asked the bench to associate his petition with the Delhi government's legal challenge, but the court declined the request. Consequently, the petitioner decided to withdraw his plea.

The Supreme Court recently granted permission for an application submitted by the Delhi government, which aimed to modify its petition challenging the ordinance enacted by the Union in May of this year, wherein authority over civil servants was shifted from the Delhi government to the Lieutenant Governor.

An application was filed seeking an amendment to the petition due to the recent passage of the ordinance by Parliament, which received President Droupadi Murmu's approval on August 12, 2023.

On July 20, the Supreme Court referred the Delhi government's challenge against the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 to a Constitution bench.

Earlier, the Supreme Court had expressed its inclination to refer the Delhi Governemnt's plea to a 5-judge Constitution bench. Senior Advocate Singhvi had objected to this and said, "Let me show why this should not be referred to a constitution bench. Let me give a one pager on Thursday, it will just take ten minutes..".

Significantly, the Centre recently informed the Supreme Court that the contested Ordinance, which has not yet been subjected to parliamentary scrutiny, would cause irreparable harm to the administration of the Government of National Capital Territory of Delhi (GNCTD) if it were to be stayed.

On May 11, a five-judge Constitution bench of the Supreme Court ruled that it is ideal to affirm that a democratically elected Delhi government should have authority over its officers, and the Lieutenant Governor (LG) is obligated to follow the advice of the elected government, except in matters relating to public order, police, and land. The bench also emphasized that if the government cannot effectively control and hold its officers accountable, it diminishes its responsibility to both the legislature and the public.

Case Title: Mukesh Kumar vs. LG, Delhi