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Supreme Court Permits Delhi Government to Withdraw Petitions Against Centre and LG, Including Services Act Challenge

24 May 2025 6:26 PM - By Vivek G.

Supreme Court Permits Delhi Government to Withdraw Petitions Against Centre and LG, Including Services Act Challenge

On May 23, 2025, the Supreme Court of India allowed the Delhi Government to withdraw seven petitions that were filed earlier by the previous Aam Aadmi Party (AAP)-led government. These petitions were against the Union Government and the Lieutenant Governor (LG) of Delhi, involving several administrative disputes.

The bench, headed by Chief Justice B. R. Gavai and Justice Augustine George Masih, granted the permission to withdraw the pleas.

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"These matters should not trouble this court anymore," stated Additional Solicitor General (ASG) Aishwarya Bhati, representing the Delhi Government.

The withdrawn petitions covered issues like control over administrative services in Delhi, the role of the Lieutenant Governor in various committees, and the legality of amendments made by the Central Government on the services law.

It is important to mention that in May 2023, a five-judge Constitution Bench led by then Chief Justice D. Y. Chandrachud had ruled that the National Capital Territory of Delhi holds both legislative and executive powers over administrative services, except in areas related to public order, police, and land.

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However, to counter the effect of this judgment, the Union Government introduced an Ordinance, which was later challenged by the Delhi Government. The case was referred to a five-judge Constitution Bench in July 2023. Subsequently, Parliament replaced the Ordinance with the Government of NCT of Delhi (Amendment) Act, 2023 in August 2023.

Among the seven withdrawn petitions was the one challenging this Amendment Act of 2023.

Other significant petitions included:

  • An appeal by the Delhi Government against a National Green Tribunal (NGT) order that appointed the Lieutenant Governor as the head of the Solid Waste Monitoring Committee.
  • A writ petition by the Government of NCT of Delhi (GNCTD) alleging that its own Finance Department was withholding funds meant for the Delhi Jal Board, even though the legislature had approved them.

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"The withdrawal of these petitions marks a significant step towards resolving administrative conflicts between the Delhi Government, the Centre, and the LG," noted the bench.

Here are the case details of the seven petitions withdrawn:

  1. GOVERNMENT OF NCT OF DELHI vs OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI | W.P.(C) No. 452/2023
  2. GOVERNMENT OF NCT OF DELHI vs ASHWANI YADAV | C.A. No. 4402/2023
  3. GOVERNMENT OF NCT OF DELHI vs UNION OF INDIA AND ORS. | W.P.(C) No. 669/2023
  4. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs UNION OF INDIA AND ORS. | W.P.(C) No. 678/2023
  5. GOVERNMENT OF NCT OF DELHI vs UNION OF INDIA AND ORS | W.P.(C) No. 140/2024
  6. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI vs OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI AND ORS. | W.P.(C) No. 197/2024
  7. GOVERNMENT OF NCT OF DELHI vs OFFICE OF THE LIEUTENANT GOVERNOR OF DELHI AND ANR. | C.A. No. 5388/2023