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Centre moves SC over Delhi government's 'legislative and executive power over services' bid

The AAP government on Saturday reacted sharply after the Centre issued an ordinance to establish an authority for the transfer and posting of Group-A officers in Delhi.

Edited By: Nitin Kumar New Delhi Updated on: May 20, 2023 12:34 IST
Centre moves SC over Delhi government's 'legislative and
Image Source : PTI Centre moves SC over Delhi government's 'legislative and executive power over services' bid

The Centre filed a petition with the Supreme Court on Saturday, asking for a review of the May 11 Constitution bench decision, which said that the Delhi government has "legislative and executive power over services" in the national capital. 

Meanwhile, the AAP government on Saturday reacted sharply after the Centre issued an ordinance to establish an authority for the transfer and posting of Group-A officers in Delhi.

Saurabh Bharadwaj, the chief spokesperson for the AAP and Services Minister, responded to the development by stating that the Centre had "deceived" the Delhi population.

"This is a deception committed with the Supreme Court and the people of Delhi who have chosen Kejriwal thrice to be the CM. He doesn't have any powers but the LG, who has not even been chosen but forced upon people, will have powers and through him the Centre will keep tabs on the work happening in Delhi. This is contempt of court," he said.

Lt Governor means 'administrator'

The Delhi Lieutenant Governor's role as an administrator with the authority to make decisions on proposals considered or decided by the elected government in the national capital has been strengthened by the Centre's ordinance, which has restored the Delhi Lieutenant Governor's final authority over transfers and postings of bureaucrats.

The ordinance, which invalidated the May 11 High Court request giving over the control of administrations in Delhi, barring police, public request and land to the chosen government, looks to set up a National Capital Civil Service Authority for move of and disciplinary procedures against IAS and DANICS framework officials.

The authority will consist of the Chief Minister as chair and the Chief Secretary and Principal Home Secretary as members.

The authority will decide everything that needs to be decided by a vote of the members who are present and voting.

The Lieutenant Governor's decision is final if there is a disagreement.

The move has made way for an extraordinary showdown of the Kejriwal dispensation with the Centre and the Lt Governor.

The Chief Secretary and the Secretary of the relevant Department will be accountable for this Act's compliance, as stipulated by the ordinance.

According to the ordinance, "Lieutenant Governor" refers to the administrator designated as Lieutenant Governor by the President for the National Capital Territory of Delhi pursuant to an appointment made in accordance with Article 239 of the Constitution.

It states that the Secretary to the Council of Ministers is responsible for notifying the Lieutenant Governor so that he or she can make a decision on the matter if the Secretary to the Council of Ministers believes that the proposal being considered and decided on by the Council of Ministers is not in accordance with the provisions of the law for the time being in effect or any rules of procedure made under section 44.

Also Read | Centre brings ordinance on transfer, posting of officials in Delhi Govt

Also ReadDelhi: AAP cries foul after Centre issues ordinance on transfer, posting of Group A officers

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