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Editor's Pick: SC may refer Delhi Govt’s petition against Central Ordinance to Constitutional Bench

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Tue, Jul 18, 2023 12:43 PM

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The Supreme Court on Monday held that it may refer the Delhi government’s petition against a Ce

The Supreme Court on Monday held that it may refer the Delhi government’s petition against a Central Ordinance, which effectively gives power over civil services in the national capital to the Lieutenant-Governor, to a Constitution Bench for an authoritative pronouncement. The indication came in notwithstanding Solicitor-General Tushar Mehta urging the court to wait and see what Parliament may finally do with the Ordinance. He informed the court that the Ordinance would be tabled in the Parliament during the Monsoon Session, which is starting on July 20. “It may amend certain portions...since no prejudicial act is being taken on the basis of the Ordinance right now, you may consider awaiting the legislative decision,” he submitted. However, the Chief Justice went on to outline the questions of law that may require the attention of the Constitution Bench. He pointed to a cardinal issue that entailed if the National Capital Territory of Delhi (Amendment) Ordinance, 2023 amounted to an amendment of the Constitution using the Ordinance route. The Delhi government has held that the Ordinance effectively snatches its power and control over services. A previous judgement on May 11 had limited the power of the Lieutenant Governor, an arm of the Central government, to three specific areas, namely, public order, police and land. In a counter-affadavit, the Union Home Ministry contended that the “Parliament is competent and has overriding powers to make laws even on subjects regarding which the Legaslative Assembly of Delhi would be competent to enact laws.” Furthermore, the Union Home Ministry has accused Chief Minister Arvind Kejriwal of going on a “rampage” and initiating a “witch hunt” of the officers in the immediate aftermath of the verdict. In this backdrop, the Delhi Govt has been trying to garner support from other opposition parties against the Ordinance. In fact, it was the primary reason why until recently the Aam Aadmi Party (AAP) was unwilling to attend the opposition meetings in the run-up to the 2024 Lok Sabha polls. The apex court agreed to hear the case on Thursday. The Hindu’s Editorials Eye on Emirati flows: on the new India-UAE framework and rupee-dirham transactions New order: on Wimbledon’s new champions The Hindu’s Daily News Quiz Name the annual military training exercise that is conducted alternatively in Mongolia and India. Imbex Nomadic Elephant Red Flag 16-1 Maitree To know the answer and to play the full quiz, click here. [logo] Editor's Pick 18 July 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Apex court may refer Delhi Govt’s petition against Central Ordinance to Constitutional Bench The[Supreme Court on Monday held]( that it may refer the Delhi government’s petition against a Central Ordinance, which effectively gives power over civil services in the national capital to the Lieutenant-Governor, to a Constitution Bench for an authoritative pronouncement. The indication came in notwithstanding Solicitor-General Tushar Mehta urging the court to wait and see what Parliament may finally do with the Ordinance. He informed the court that the Ordinance would be tabled in the Parliament during the Monsoon Session, which is starting on July 20. “It may amend certain portions...since no prejudicial act is being taken on the basis of the Ordinance right now, you may consider awaiting the legislative decision,” he submitted. However, the Chief Justice went on to outline the questions of law that may require the attention of the Constitution Bench. He pointed to a cardinal issue that entailed if the National Capital Territory of Delhi (Amendment) Ordinance, 2023 amounted to an amendment of the Constitution using the Ordinance route. The Delhi government has held that the Ordinance effectively snatches its power and control over services. A previous judgement on May 11 had limited the power of the Lieutenant Governor, an arm of the Central government, to three specific areas, namely, public order, police and land. In a counter-affadavit, the Union Home Ministry contended that the “Parliament is competent and has overriding powers to make laws even on subjects regarding which the Legaslative Assembly of Delhi would be competent to enact laws.” Furthermore, the Union Home Ministry has accused Chief Minister Arvind Kejriwal of going on a “rampage” and initiating a “witch hunt” of the officers in the immediate aftermath of the verdict. In this backdrop, the Delhi Govt has been trying to garner support from other opposition parties against the Ordinance. In fact, it was the primary reason why until recently the Aam Aadmi Party (AAP) was unwilling to attend the opposition meetings in the run-up to the 2024 Lok Sabha polls. The apex court agreed to hear the case on Thursday. The Hindu’s Editorials [Arrow][Eye on Emirati flows: on the new India-UAE framework and rupee-dirham transactions]( [Arrow][New order: on Wimbledon’s new champions]( The Hindu’s Daily News Quiz Name the annual military training exercise that is conducted alternatively in Mongolia and India. - Imbex - Nomadic Elephant - Red Flag 16-1 - Maitree To know the answer and to play the full quiz, [click here](. [Sign up for free]( [[Explained | Why are Hollywood’s actors and writers on strike at the same after decades?] Explained | Why are Hollywood’s actors and writers on strike at the same after decades?]( [[Operation Trinetra II | Four militants killed in nightlong anti-militancy operation in Jammu & Kashmir’s Poonch: Indian Army] Operation Trinetra II | Four militants killed in nightlong anti-militancy operation in Jammu & Kashmir’s Poonch: Indian Army]( [[Oommen Chandy’s emergence as undisputed leader of Congress] Oommen Chandy’s emergence as undisputed leader of Congress]( [[Supreme Court to hear plea by Rahul Gandhi in criminal defamation case on July 21] Supreme Court to hear plea by Rahul Gandhi in criminal defamation case on July 21]( Copyright @ 2023, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](

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