Setting the stage for a renewed confrontation with the Delhi Aam Aadmi Party Government, the Centre Friday promulgated an ordinance to create a National Capital Civil Service Authority that will have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, is seen as a bid to nullify last week’s ruling by a Constitution bench of the Supreme Court that handed over the reins of “services” to the Delhi Government. The court had then underlined the importance of the people’s mandate in a democracy expressed through an elected government.
The authority will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home, and “all matters required to be decided by the authority shall be decided by majority of votes of the members present and voting.”
This, effectively, means two bureaucrats, appointed by the Centre, could over-rule the elected CM.
In case the LG differed with the recommendation made, the ordinance said, 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.”
The ordinance gave more teeth to the L-G 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 Assembly.
The ordinance also gives sweeping powers to the Secretary of the Department to the Council of Ministers: “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.”
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
“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 said that the “ordinance (has been) drafted by persons blissfully ignorant of law.” Underlining that the power over the Chief Secretary was given to the Delhi Government by the Constitution Bench, he tweeted: “(this was) diluted by ordinance. Federalism, part of basic structure, decimated. Answerability of civil service to political executive turned upside down. CM to preside over own minority!”
Singhvi’s tweets were retweeted by Chief Minister Arvind Kejriwal. Delhi Cabinet Minister Atishi termed the Ordinance “a clear cut case of contempt of court.”
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.
“The Modi Government has gone against the unanimous decision of the Supreme Court’s Constitution bench,” she said. “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.”
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