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". The Delhi government has also sought an interim stay on it, besides quashing the ordinance.
Chief Minister Kejriwal will burn copies of the ordinance at the Aam Aadmi Party office on July 3. AAP spokesperson and Delhi Minister Saurabh Bhardwaj said that the copies of the Centre’s ‘black’ ordinance will be set to flames across the 70 Assembly seats in the city.
What does the petition say
In its plea filed through advocate Shadan Farasat, the Delhi government has said that the ordinance, which came days after the apex court verdict, is a plain attempt to "override" the top court and the basic structure of the Constitution itself vide executive fiat.
Seeking quashing of the ordinance, the plea alleged that it is an "unconstitutional exercise of executive fiat" that violates the scheme of federal, democratic governance entrenched for the NCTD in Article 239AA and is manifestly arbitrary. "Article 239AA of the Constitution is a sui generis provision in that it constitutionally entrenches for NCTD a Westminster-style democracy, to fulfill the popular, regional, and democratic aspirations of the people of Delhi. The impugned ordinance directly violates this scheme of federal, democratic governance incorporated in Article 239AA and, specifically, the principle of 'collective responsibility' incorporated in Article 239AA(6)," it said.
The plea said the ordinance "completely sidelines" the elected government, that is, the GNCTD, from control over its civil service. "The Impugned ordinance wrests control over civil servants serving in the Government of NCT of Delhi (GNCTD), from the GNCTD to the unelected Lieutenant Governor (LG). It does so without seeking to amend the Constitution of India, in particular Article 239AA of the Constitution, from which flows the substantive requirement that power and control in respect of Services be vested in the elected government," it said.
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.
(With agencies input)
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