Amid the row between the Aam Aadmi Party (AAP) government and the LG, the Centre has brought an ordinance to set up a permanent authority headed by Delhi CM along with Chief Secretary, Delhi & Principal Secretary (Home), Delhi to make recommendations to the Delhi LG regarding matters concerning transfer posting, vigilance and other incidental matters.
This came after the Supreme Court last week gave the Delhi government executive power in services matters, including transfer and posting of officers.
As per the ordinance, all matters required to be decided by the Authority shall be decided by the majority of votes of the members present and voting. However, in case of difference of opinion, the decision of the Lieutenant Governor shall be final.
“With a view to give effect to the intent and purpose behind the provisions of Article 239AA, a permanent authority headed by the democratically elected
Chief Minister of Delhi along with Chief Secretary, GNCTD the head of the administration representing the will of the officers of GNCTD and the Principal Secretary Home, GNCTD is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters.
“This would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in administration of the capital by giving purposeful meaning to the manifestation of democratic will of people reposed both in the Central Government as well as the GNCTD,” read the ordinance.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 said there is a need to promote the national interests without compromising on the democratic aspirations of the residents of Delhi.
Delhi government’s lawyer and Congress leader Abhishek Singhvi termed the act of a “bad, poor and graceless loser”.
“The new ordinance re #NCT wl hv to be closely examined. But clearly, it is the act of a bad, poor & graceless loser. Doubtful if ctal principles cn be diluted by ordinances/acts. Greater doubt whether parl as a whole wl at all approve it. #LG #NCT #homeministry #goi #bjp,” Singhvi tweeetd.
The new ordinance re #NCT wl hv to be closely examined. But clearly, it is the act of a bad, poor & graceless loser. Doubtful if ctal principles cn be diluted by ordinances/acts. Greater doubt whether parl as a whole wl at all approve it. #LG #NCT #homeministry #goi #bjp— Abhishek Singhvi (@DrAMSinghvi) May 19, 2023
Singhvi said that the Centre has done this joke of making CM the chairman who is himself a minority. “This (Central) government wants to control everything,” he said.
1/2 ordinance drafted by persons blissfully ignorant of law. Power over CS under part 14 of ction, given to NCT by CB, diluted by ord. Federalism, part of basic structure, decimated. Answerability of civil service 2pol executive turned upside down. CM 2preside over own minority!— Abhishek Singhvi (@DrAMSinghvi) May 19, 2023
Earlier in the day, Kejriwal asked whether the Centre was “conspiring” to reverse through an ordinance the Supreme Court verdict giving the elected government executive powers in services matters.
“Why is LG sir not obeying the SC order? Why hasn’t the file pertaining to Services Secretary been signed for two days? It is being said that the Centre is going to reverse the SC order by bringing an ordinance next week? Is the Centre conspiring to overturn the SC order? Is LG sir waiting for the ordinance and that’s why he is not signing the file?” Kejriwal asked in a tweet in Hindi.
Delhi minister and AAP leader Atishi said that the Centre’s ordinance is clearly contempt of the Supreme Court’s Consitution Bench order. “The SC said the elected government should have the power to take decisions. This is democracy and respect of democracy. The Centre brought an ordinance in fear that Kejriwal might get power. They are afraid of Kejriwal and the SC order,” she said.
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