In Brief
The Government of Delhi challenged the constitutional validity of the National Capital Territory (Amendment) Ordinance 2023, which excluded services (Entry 41 of List II) from Delhi's legislative competence and transferred executive power over services from the elected government to the Lieutenant Governor. The Supreme Court identified a fundamental interpretive question: whether Parliament's power under Article 239-AA(7) to supplement constitutional provisions for Delhi permits alteration of the constitutionally prescribed governance structure, including the principles of collective responsibility and triple chain of accountability. The Court referred the case to a Constitution Bench to resolve the apparent conflict between Article 239-AA(7)(a) (limiting laws to supplementing Article 239-AA) and 239-AA(7)(b) (permitting laws to have amendment effects), and dismissed the interim stay application.
The lawyer headnote and full judgment text are available to registered users.