Manoj Misra ORDER
1. On 19 May 2023, eight days after the Constitution Bench of this Court pronounced the judgment in Government of NCT of Delhi v. Union of India1 ["2023 Constitution Bench judgment"], the President in exercise of powers Under Article 123 of the Constitution promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023 ["NCT Ordinance"]. The NCT Ordinance amends the Government of National Capital Territory of Delhi Act 1991 ["GNCTD Act"]. The Preamble to the Ordinance states that Parliament has exclusive and plenary jurisdiction with respect to the national capital in view of Articles 239-AA(3)(b) and 239-AA(7):
AND WHEREAS, keeping in mind various reports of various Commissions and since Delhi is the capital city of the nation, the Constitution retained certain exclusive and plenary jurisdiction in the Parliament while incorporating Article 239-AA in general and Article 239-AA(3)(b) read with Article 239-AA(7) in particular.
[...]
AND WHEREAS for the purpose of giving effect to Article 239(l) read with Article 239AA and in exercise of powers of Article 239AA(3)(b) and Article 239AA(7) of the Constitution of India, which includes the power to supplementing the provisions Under Article 239-AA including the power to make suitable amendments thereof, an Ordinance namely the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 is proposed to provide for a comprehensive scheme of administration of services deployed in the functioning of NCTD and other allied issues thereby balancing the local and domestic interests of the people staying in the NCTD with the democratic will of the entire nation reflected through the President of India.
(emphasis supplied)
2. The NCT Ordinance inserts Section 3A in the GNCTD Act 1991. Section 3A stipulates that notwithstanding anything contained in any judgment, order, or decree of any Court, the Legislative Assembly shall have the power to enact laws as prescribed in ........