The Ordinance Power of the Central Government of India and Its Implications on Indian Federalism: A Case Study Analysis of Service Matters in Delhi

The ordinance power vested in the central government of India holds significant implications for the distribution of power between the central and state governments, as well as for democratic functioning. Federalism is one of the core ideas of the Indian Constitution, protected by the Basic Structure Doctrine. This research paper aims to showcase the misuse of ordinance powers by the central government to bypass the upper house and rulings of the Supreme Court, specifically focusing on the tussle between the central government and the Delhi government on service matters. The paper begins by providing an overview of the constitutional provisions governing the ordinance power in India, highlighting the historical context and rationale behind granting such powers to the executive branch. It then delves into specific instances, such as the 2015 and 2023 ordinances amending the Delhi Government of National Capital Territory (GNCT) Act, which raised concerns over the encroachment of executive powers and its impact on the Delhi government’s ability to govern effectively. It highlights the 2018 and 2023 Supreme Court judgments in the Government of NCT of Delhi vs Union of India case, which clarified the powers of the elected government and the Lieutenant Governor (LG) in matters of governance. The subsequent legal battles and differing interpretations of this judgment are explored, underscoring the complexity and ongoing nature of the conflict.

Keywords:
Ordinance Power, Federalism, center-state Relations, Article 123, Delhi Ordinance