The Supreme Court of India referred the Delhi government’s petition challenging the Government of India’s recent services ordinance to a five-judge constitution bench. The ordinance would transfer control of some civil servants from the Delhi government to the national government, which the Delhi government argues is unconstitutional.

The Delhi government’s petition challenged the Government of National Capital Territory (Amendment) Ordinance 2023, which deprived it of power to appoint and transfer some civil servants. The petition contended that the ordinance contradicts the federal democratic governance scheme in Article 239AA of the Indian Constitution, undermining the principles of federalism and the elected government’s authority.

Specifically, the issue at hand is whether the promulgation of the ordinance resulted in an amendment of the Constitution without actually amending Article 239AA, which governs the power and control over services vested in the elected government. The Supreme Court also questioned whether the ordinance nullified Entry 41 of the State List, which deals with states’ power over public services.

The national government’s affidavit claimed that the ordinance was necessary to address harassment faced by officials and bureaucrats from the Delhi government, which previously led to turmoil. The national government went on to argue that governance of the national capital concerned the entire nation. That, according to the affidavit, justified the national government’s intervention to protect the country’s image.

The Ministry of Home Affairs previously accused the Delhi government of going on a “rampage” after a May verdict limited the Delhi Lieutenant Governor’s powers over bureaucrats. The federal government claimed that officers were harassed and subject to media trials and threats, leading to a negative global image for the nation.