Delhi govt vs Centre ordinance row: Arvind Kejriwal-led Delhi government on Friday approached the Supreme Court against the Center’s ordinance over control of services in the national capital. The AAP government in its appeal filed in Supreme Court has stated that the Centre’s ordinance is “unconstitutional and it should be immediately put on stay”.
What is centre’s ordinance?
The ordinance was issued on May 19, days after a Supreme Court verdict gave the Delhi government control over bureaucrats assigned to departments under its purview. The BJP-ruled Centre has brought an ordinance notifying rules for the Government of National Capital Territory of Delhi (GNCTD) regarding the ‘transfer-posting, vigilance and other incidental matters’ in Delhi.
According to the ordinance, the Centre has constituted a ‘National Capital Civil Services Authority’ in Delhi. This comprises of Delhi CM, Chief Secretary and Home Secretary of Delhi government, who will now decide on the transfer and posting of Group ‘A’ officers and DANICS officers serving in the Delhi government.
It strengthened the position of the Lieutenant Governor, allowing him to act in ‘sole discretion’ in deciding matters related to the transfer and posting of bureaucrats. The ordinance said that “there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it”.
The apex court had earlier upheld the primacy of Delhi’s elected government in this regard, except for matters relating to law and order and land. Notably, any ordinance needs to be passed by Parliament within six weeks of its re-assembly, or it lapses.