The Supreme Court on Monday declined to provide an interim stay on the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which was promulgated by the Centre on May 19 concerning the control of services in the national Capital.

The bench, comprising Chief Justice DY Chandrachud and Justices PS Narasimha, issued a notice to the Centre and requested senior advocate Abhishek Singhvi, representing the AAP Government, to amend the plea and include the Lieutenant Governor as a party in the case.

“We will issue notice,” stated the bench, scheduling the hearing for July 17.

In its plea, the Delhi Government argues that the ordinance is an “unconstitutional exercise of executive fiat” that seeks to “override” the Supreme Court and the basic structure of the Constitution. Along with seeking the quashing of the ordinance, the Delhi Government has also requested an interim stay on its implementation.

On May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which aims to establish an authority for the transfer and posting of Group-A officers in Delhi. The AAP Government considers this move a contradiction of the Supreme Court’s verdict on control of services.

The ordinance was issued a week after the Supreme Court granted control of services in Delhi, excluding police, public order, and land, to the elected Government.

It proposes the establishment of a National Capital Civil Service Authority to handle the transfer and disciplinary proceedings of Group-A officers from the DANICS cadre, which includes Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services.