On May 19, 2023, the President of India exercised legislative power under Article 123 of the Constitution, during the period Parliament was in recess, to promulgate The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Ordinance). The ordinance negates a Constitution Bench judgment of the Supreme Court of India, which was delivered on May 11, that brought “services” under the Government of National Capital Territory of Delhi (NCTD).
Key issues
There are two issues here that require analysis: first, the scope of the Court’s verdict. Second, the constitutionality of the ordinance.
