The tussle began with a tweet from Chief Minister Arvind Kejriwal alleging that the BJP-led Centre sought to “reverse the SC order” through an ordinance. (File)
In a clear bid at countering the decision of the Supreme Court's 5-judge Constitution Bench which handed over the reins of 'Services' – that is the power to transfer bureaucrats posted to Delhi – and giving more teeth to the Lieutenant Governor in the administration of the capital, the President Promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 on Friday.
Notified by the Union Ministry of Law and Justice, the Ordinance brought into existence, “at once”, a permanent authority – the National Capital Civil Service Authority (NCCSA) – which would be headed by the elected Chief Minister of Delhi in addition to the Chief Secretary and the Principal Secretary of the Home department.
"We will have to examine the ordinance. Without going into its merits, it is clear that it is the sign of a poor, bad graceless loser. Whether into what extent constitutional principles can be diluted by the ordinance will have to be examined. Whether Parliament as a whole will at all approve this ordinance is another aspect," said senior Congress leader Abhishek Singhvi, who appeared for the Delhi government in the matter in Supreme Court. Singhvi's tweet to this effect was retweeted by Chief Minister Arvind Kejriwal.
Both the officers, as a matter of practice, are appointed by the Centre through the Ministry of Home Affairs (MHA). Delhi Cabinet Minister Atishi termed the Ordinance “a clear cut case of contempt of court.”
“The Modi Government has gone against the unanimous decision of the Supreme Court's constitution bench. The SC had directed that the elected government be given powers to take decisions independently, as per its will, as per the principles of democracy. The Centre's sole motive to bring this ordinance is to snatch powers from the Kejriwal Government,” she alleged.
The Ordinance also effectively gave more teeth to the LG not only in terms of the transfer and posting of officials and vigilance matters related to them, but also in terms of governance in Delhi designating the individual occupying the post as 'administrator' acting “in his sole discretion” in matters beyond the purview of the Delhi Legislative Assembly.
"Lieutenant Governor" means the administrator appointed under article 239 of the Constitution for the National Capital Territory of Delhi and designated as Lieutenant Governor by the President, it stated.
The NCCSA itself, according to the Ordinance, was being introduced to “make recommendations” to the LG regarding “transfer posting, vigilance and other incidental matters.”
This Authority, according to the Ordinance, was empowered to recommend and delegate responsibilities to officers serving in the Government of National Capital Territory of Delhi “to an officer of All India Services.”
The LG would, after the receipt of such a recommendation “pass appropriate orders giving effect to the recommendation made” regarding the Group 'A' officers, including the officers of the All India Services – that is IAS – and DANICS officials.
In case the LG differed with the recommendation made, they were empowered to “return the recommendation to the Authority for reconsideration” and, in case of difference of opinion, “the decision of the Lieutenant Governor shall be final.”
“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” the Ordinance stated.
The Ordinance, however, does not limit itself to the formation of the new Authority. It also speaks about the role of the Secretary of the Department concerned in relation to the Council of Ministers and says, "In case the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of the law... it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of Lieutenant Governor for taking a decision thereon."
This provision, ultimately, hands the decision-making power in Delhi to the L-G.
A senior AAP leader said the Ordinance was in poor taste and a way to subvert the democratic process.
"This turns the Constitution and the SC Constitution Bench verdict on its head. Where in the world is it possible that the democratically elected government is not responsible for the decisions pertaining to the state? It is in extremely poor taste and shows the desperation of the Centre vis-a-vis the Arvind Kejriwal government. Can an Ordinance simply reverse the democratic process?" he said.
The Aam Aadmi Party had expressed an apprehension that an Ordinance would be brought on Friday morning itself before its ministers marched to the L-G's office demanding that the decisions taken by it regarding the transfer and posting of officers be cleared and sent to the Centre for action.
from The Indian Express https://ift.tt/HZBxp7G
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