The Supreme Court on Monday hinted that it was contemplating referring to a constitution bench for adjudication the Delhi government’s petition against the Centre’s recent ordinance on control of services.
The top court had recently issued notices to the Centre and the lieutenant governor on the plea while refusing to grant an interim stay on the ordinance on control over services in Delhi.
A bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra, at the outset, indicated since the ordinance was issued by taking recourse to Article 239AA, it will be in the fitness of things if the matter is decided by a constitution bench.
“What they (Centre) have done is that by using power under 239AA(7), they have amended the Constitution to take services out of the Delhi government’s control. Is that permissible? I don’t think either of the Constitution Bench judgements has covered that,” the CJI said, in remarks seen as indicative of the court’s intention of referring the matter to a constitution bench.
“The point is this- Parliament has the power to enact a law under any entry in list 2 (state) or list 3 (concurrent). List 3 is concurrent. You have said by this clause 3A of the Ordinance that the state legislature cannot enact law under Entry 41 (State public services; State Public Service Commission) at all,” the CJI said.
Solicitor General Tushar Mehta, appearing for the Centre, opposed the observation and said as per Article 239AA(7) (b), a law made by Parliament is not deemed as an amendment to the Constitution.