GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI versus UNION OF INDIA & ORS.

Citation: [2023] 10 S.C.R. 493 · Decided: 20-07-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA · Disposal: Matter referred to larger bench
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Judgment (excerpt)

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[2023] 10 S.C.R. 493 : 2023 INSC 635
493
GOVERNMENT OF NATIONAL CAPITAL TERRITORY
OF DELHI
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 678 of 2023)
JULY 20, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
PAMIDIGHANTAM SRI NARASIMHA AND
MANOJ MISRA, JJ.]
Government of National Capital Territory of Delhi
(Amendment) Ordinance 2023: Constitutional validity of – Preamble
to the NCT Ordinance 2023 states that Parliament has exclusive
and plenary jurisdiction with respect to the national capital in view
of Arts 239-AA(3)(b) and 239-AA(7) – NCT Ordinance inserting s.
3A in the GNCTD Act, which amends Article 239-AA, stipulating
that the Legislative Assembly shall have the power to enact laws as
prescribed in Art 239-AA, except with respect to Entry 41 of List II
of the Seventh Schedule – NCT Ordinance also establishes a new
scheme for the distribution of executive power over services between
the Union of India and the Government of NCTD – Held: It is to be
decided if the exercise of the power of the Parliament to enact a
law granting the Union of India executive power over services is
valid – Furthermore, an apparent conflict between Art. 239 AA(7)(b)
and 239 AA(7)(a), as regards the nature of law making power vis-
à-vis NCTD’s constitutional structure of governance,not considered
in the Constitution Bench judgmentsof 2018 and 2023 – In view
thereof, the questions, as to what are the contours of the power of
Parliament to enact a law u/Art. 239-AA(7); and whether Parliament
in the exercise of its power u/Art. 239-AA(7) can abrogate the
constitutional principles of governance for NCTD, referred to the
Constitution Bench – Reference to larger Bench – Government of
National Capital Territory of Delhi Act. 1991 – s. 3A – Constitution
of India – Art. 239AA, 239-AA(3)(a), 239-AA(3)(b), 239-AA(7)(a),
239-AA(7)(b) and Entry 41 of List II of Seventh Schedule.
Government of NCT of Delhi v. Union of India Civil
Appeal No. 2357 of 2017 – referred to.
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SUPREME COURT REPORTS
[2023] 10 S.C.R.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.678
of 2023.
(Under Article 32 Of The Constitution of India)
Dr. Abhishek Manu Singhvi, Sr. Adv., Amit Bhandari, Aman
Sharma, Shadan Farasat, Ms. Warisha Farasat, Harshit Anand, Aman
Naqvi, Ms. Hrishika Jain, Ms. Natasha Maheshawari, Ms. Mreganka
Kukreja, Siddharth Seem, Advs. for the Petitioner.
Tushar Mehta, SG, R Venkataramani, AG, Harish N. Salve, Sanjay
Jain, Sr. Advs., Kanu Agarwal,  Padmesh Mishra, Arkaj Kumar, Anandh
Venkataramani, Mrs. Vijayalakshmi Venkataramani,   Vinayak Mehrotra,
Ms. Mansi Sood, Chitvan Singhal, Ms. Sonali Jain, Abhishek Kumar
Pandey, Raman Yadav, Arvind Kumar Sharma, Ms. Bani Dkshit, Dr. N.
Visakamurthy, Shreekant Neelappa Terdal, Advs. for the Respondents.
The following Order of the Court was passed :
ORDER
1. On 19 May 2023, eight days after the Constitution Bench of
this Court pronounced the judgment in Government of NCT of Delhi
v. Union of India1 [“2023 Constitution Bench judgment”], the
President in exercise of powers under Article 123 of the Constitution
promulgated the Government of National Capital Territory of Delhi
(Amendment) Ordinance 2023 [“NCT Ordinance”]. The NCT
Ordinance amends the Government of National Capital Territory of Delhi
Act 1991 [“GNCTD Act”]. The Preamble to the Ordinance states that
Parliament has exclusive and plenary jurisdiction with respect to the
national capital in view of Articles 239-AA(3)(b) and 239-AA(7):
“AND WHEREAS, keeping in mind various reports of various
Commissions and since Delhi is the capital city of the nation, the
Constitution retained certain exclusive and plenary jurisdiction in the
Parliament while incorporating Article 239-AA in general and Article
239-AA(3)(b) read with Article 239-AA(7) in particular.
[…]
AND WHEREAS for the purpose of giving effect to Article 239(l)
read with Article 239AA and in exercise of powers of Article
239AA(3)(b) and Article 239AA(7) of the Constitution of
1 Civil Appeal No. 2357 of 2017
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India, which includes the power to supplementing the
provisions under Article 239-AA including the power to
make suitable amendments thereof, an Ordinance namely the
Government of National Capital Territory of Delhi (Amendment)
Ordinance, 2023 is proposed to provide for a comprehensive
scheme of administration of services deployed in the functioning
of NCTD and other allied issues thereby balancing the local and
domestic interests of the peop
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