Delhi power tussle: Center brings out ordinance on transfers, days after SC orders in favor of Kejriwal govt

New Delhi: The central government on Friday brought an ordinance to notify rules for the Government of National Capital Territory of Delhi (GNCTD) with regard to ‘transfer postings, vigilance and other relevant matters’. The ordinance has been brought to amend the Government of the National Capital Territory of Delhi Act, 1991 and override the Supreme Court’s decision in the case of Center Vs Delhi. The Ministry of Law and Justice said in the notification, “In view of its special status as the national capital, a scheme of administration is to be laid down by parliamentary law, balancing local and national democratic interests, which India Reflects the aspirations of the people through the joint and collective responsibility of both the Government and the Government of National Capital Territory of Delhi (hereinafter referred to as GNCTD).

An ordinance has been passed by the Center for the formation of ‘National Capital Civil Services Authority’ in Delhi. This includes the Chief Minister of Delhi, the Chief Secretary to the Government of Delhi and the Home Secretary. They will now decide on the transfer and posting of Group ‘A’ officers and DANICS officers serving in the Delhi government.

“With a view to giving effect to the intent and object behind the provisions of Article 239AA, a Standing Authority headed by the democratically elected Chief Minister of Delhi, with the Chief Secretary, GNCTD as the head of administration representing the will of the officers of the GNCTD and Principal Secretary Home, GNCTD is being offered to make recommendations to the Lieutenant Governor regarding matters relating to transferred postings, vigilance and other relevant matters,” the notification said.

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It states, “It will statutorily balance the interest of the nation with the interest of the Union Territory of Delhi in the administration of the capital by giving objective meaning to the manifestation of the democratic will of the eminent people in both the Central Government as well as the GNCTD.” The ministry further notified that in case of “difference of views” between the Lieutenant Governor and the Delhi government, the decision of the LG would be “final”.

The Lieutenant Governor may, after receipt of such recommendation under sub-section (1) or sub-section (2) of this section, pass appropriate orders giving effect to the recommendation made: Provided that the Lieutenant Governor may, On such recommendation, before passing orders, may call for any relevant material in respect of Group ‘A’ officers including officers of All India Services and DANICS serving in the affairs of the Government of National Capital Territory of Delhi,” the notification said. .

It states, “Provided that if the Lieutenant Governor differs from the recommendation made, whether on material grounds or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration. by the Authority: Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final”.

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Notably, this comes days after a unanimous verdict by a constitution bench of the Supreme Court said that the Delhi government should have control over the services, and the Lieutenant Governor is bound by its decision. The court said that the Delhi government represents the same representative form of government as other states and any further expansion of the power of the Center would be contrary to the constitutional scheme.

Earlier in the day, Delhi CM Arvind Kejriwal expressed apprehension that the central government may bring an ordinance to “overturn or reverse” the Supreme Court’s decision. Speaking to reporters after meeting LG VK Saxena on Friday, “Met LG VK Saxena. He said he will send approval for appointment of Services Secretary. I hope he will do so soon. Hearing from media It is coming that the Central Government is going to bring an ordinance to overturn or reverse the order of the Supreme Court”.

The CM said, “I hope it is a rumor because if it happens it will be a betrayal of the people of Delhi and the country. This is the order of the Constitution Bench of the Supreme Court. At least the government should follow it.” “. The Supreme Court held that if administrative services are kept out of the legislative and executive domain, the ministers would be excluded from controlling the civil servants who have to implement executive decisions.

It said that the states also have the power but the executive power of the state will be subject to the existing law of the union. It has to be ensured that the governance of the states is not taken over by the Union. The Supreme Court held that in a democratic form of government, the real power of administration should rest with the elected government.

If the democratically elected government is not given the power to control the officials, then the principle of triple chain of accountability will become redundant. It said that if officials stop reporting to ministers or do not follow their instructions, the principle of collective responsibility is affected.

A five-judge Constitution bench comprising CJI DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha delivered the verdict on May 11. The five-judge bench had reserved its verdict on January 18 this year.

The governance of the national capital has seen a power struggle between the Center and the Delhi government since the Aam Aadmi Party (AAP) came to power in 2014. In May 2021, following the decision of a three-judge bench, the matter was placed before a constitution bench. to refer it to a larger bench on the request of the Central Government