‘Delhi Ordinance Unconstitutional’: AAP Moves Supreme Court, Wants It Paused

New Delhi: The Aam Aadmi Party (AAP) on Friday moved the Supreme Court challenging the Central government’s Delhi ordinance.

Calling the ordinance “unconstitutional” and “manifestly arbitrary”, the Delhi government has sought an immediate pause on the ordinance, claiming that it “sidelines the elected government from control over its civil services.”

AAP has also decided to burn copies of the ordinance in a massive phase-wise protest campaign, led by Delhi CM Arvind Kejriwal, from July 3.

The Union government issued the ordinance on May 19 seeking to overturn a Supreme Court order which had given executive powers to the Delhi government in service matters, including transfer and posting of officers.

The Delhi government’s petition states that the Centre’s ordinance “shows contempt for the elected government while making a pretense of their involvement through the chief minister.”

As per the petition, the ordinance violates the scheme of federal, democratic governance entrenched in Article 239AA (provision on the governance structure of Delhi). Under Article 239AA, the Lt Governor enjoys discretion only in matters falling outside the Government of the National Capital Territory of Delhi’s legislative and executive domain, the plea points out, and adds that the Lt Gov. is bound to act on the aid and advice of the Council of Ministers.