Friday, February 23rd, 2024

Delhi Ordinance Case: Delhi ordinance case will now be heard in the constitution bench, Supreme Court’s decision


New Delhi: The Supreme Court has decided to refer the Delhi ordinance matter to a constitution bench. Now Chief Justice DY Chandrachud will constitute a 5-member constitution bench. The apex court had indicated in the last hearing that it may refer the matter to a constitution bench. Solicitor General Tushar Mehta, appearing for the government, had said that the ordinance would be discussed in the monsoon session. It may be passed in some other form. However, the Delhi government sought a stay on this ordinance.

Delhi government has given this argument against the ordinance

During the last hearing, Delhi government’s counsel Abhishek Manu Singhvi argued that the ordinance should be stayed. Then the Chief Justice said that this is an ordinance. We have to listen to all the parties. Singhvi said that the committee for transfer posting will have two bureaucrats along with the CM and thus the CM will be in minority and the matter will go to the LG and he/she has been given priority. The Supreme Court said that we will hear the matter. Singhvi also said that the LG has recently sacked 437 consultants who had degrees from prestigious international universities. When Singhvi said in the Supreme Court that the ordinance should be banned, then the Chief Justice said how the legislation can be banned. Then Singhvi told the Supreme Court that the court has stayed the Act of Parliament many times, the ordinance is below that.

Senior advocate Harish Salve, appearing for Delhi Lieutenant Governor VK Saxena, argued that a constitution bench should hear the matter. he/she argued that earlier decisions of the Supreme Court have never been against the competence of Parliament.

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