The Supreme Court on Thursday referred to a five-judge bench the constitutional validity of the Centre’s May 19 ordinance by which it assumed control over the services department of the Delhi government relating to postings and transfers of officials.

An earlier constitution bench had taken the view that the Delhi government alone had the powers.

A bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha and Manoj Misra on Thursday decided to refer the issue despite senior advocate Abhishek Singhvi opposing it on the ground that the administration would be paralysed in the state.

As an alternative, he suggested that the constitution bench must first take up the services row before the commencement of the hearing on the validity of the abrogation of Article 370.

The CJI, however, made it clear that the five-judge bench would take up the issue only after the conclusion of the hearing of a batch of PILs challenging the dilution of Article 370. The Jammu and Kashmir hearing will begin on August 2.

“We cannot change the dates of Article 370 case. The counsels are getting ready for the hearing. We will hear this matter (services row) only after that bench concludes the hearing,” Justice Chandrachud told Singhvi.

The Opposition on Thursday walked out of the Rajya Sabha Business Advisory Council meeting over the bill to take away control of the bureaucracy from the Delhi government, maintaining that they cannot be party to such an illegality.