Centre moves SC seeking review of verdict which held Delhi govt has control over service

The Centre on Saturday appealed to the Supreme Court to review its order from 11 May  allowing legislative and executive power over services to the elected government of the national capital, one day after the Ministry of Law and Justice passed an ordinance creating an authority for the transfer and posting of Group-A officers in Delhi.
“Centre has filed a review of the May 11 judgement,” said a lawyer representing Centre. Centre yesterday brought an ordinance to create for the first time a National Capital Civil Service Authority (NCCSA) that will have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi. NCCSA will be headed by the Chief Minister of Delhi, with the Chief Secretary and Principal Home Secretary of Delhi being the other two members.
On Friday, the Centre brought an ordinance designating the Lieutenant Governor (LG) as the administrator of Delhi who will have the final say on the postings and transfer of all bureaucrats serving the Delhi government.
The ordinance, promulgated by President Droupadi Murmu, seeks to amend the Government of National Capital Territory (NCT) of Delhi Act, 1991 and effectively negates the Constitution bench verdict that gave the Aam Aadmi Party (AAP) government the power to make laws and wield control over bureaucrats deputed to the Delhi government.
It said that all matters required to be decided by the Authority shall be decided by majority of votes of the members present and voting. In case of a difference of opinion in the Authority, the final decision will lie with the Lieutenant Governor of Delhi, the ordinance said.
On May 11, a five-judge Constitution bench unanimously said that the division of administrative powers between the Union and Delhi government “must be respected” and held that the Delhi government has “legislative and executive power over services” in the national capital, including the bureaucrats, except those relating to public order, police and land.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices MR Shah, Justice Krishna Murari, Justice Hima Kohli and PS Narasimha has said, “The division of administrative powers between the Union and the NCTD as explained… must be respected.”
The apex court in its 105-page-judgement has said that the government of Delhi is not similar to other Union Territories.
“By virtue of Article 239AA, NCTD is accorded a “sui generis” status, setting it apart from other Union Territories,” the bench in its verdict stated.
Article 239AA provides the framework for the exercise of legislative powers by the legislative assembly of the Union territory of Delhi and the Parliament in respect of Delhi. Entry 41 of the List-II (State List) authorises a state government to frame laws on state public services and state public service commission.