The Centre’s law has restored the Delhi Lieutenant Governor’s ultimate authority in bureaucrat transfers and postings and established his position as an administrator with the ability to make judgments on suggestions that are taken into consideration or determined by the national capital’s elected government.
The ordinance seeks to establish a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against IAS and DANICS cadre officers. The ordinance nullified the May 11 Supreme Court order handing over control of services in Delhi, excluding police, public order, and land to the elected government.
The authority’s members will be the Chief Minister, Chief Secretary, and Principal Home Secretary. The Chief Minister will serve as the authority’s chairman.
The majority of the members present and voting will decide on all issues that must be determined by the authority.
The Lt Governor’s choice is definitive if there is a conflict of opinion.
The action has prepared the ground for a heated argument between the Lt Governor and the Kejriwal administration at the Centre.
According to the ordinance, the Chief Secretary and the Secretary of the relevant Department will be in charge of ensuring that this Act’s requirements are followed.
According to the ordinance, “Lieutenant Governor” refers to the administrator chosen in accordance with Article 239 of the Constitution for the National Capital Territory of Delhi and named as such by the President.
It states that the Secretary to the Council of Ministers shall bring any proposal to the attention of the Lieutenant Governor for action thereon if the Secretary to the Council of Ministers believes that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of the law currently in effect or any rules of procedure made under Section 44.
It states that the Secretary of the Department concerned must notify the Lieutenant Governor, Chief Minister, and Chief Secretary of any matter that could put the Government of the National Capital Territory of Delhi (GNCTD) in conflict with the Central Government, any State Government, the Supreme Court of India or the High Court of Delhi, as well as other authorities as may be required, in writing, as soon as possible.
The AAP said on Saturday that the Centre’s law governing the transfer of bureaucrats in Delhi is “unconstitutional” and an attempt to usurp the authority the Supreme Court had granted the Delhi government over service-related issues.
Atishi, a Delhi minister, said at a news conference that the Centre purposefully brought the law during the Supreme Court’s summer recess.
The BJP, for its part, applauded the Center’s ordinance, claiming that the Kejriwal administration was “intimidating” officials and “misusing” their authority in light of the most recent Supreme Court decision on services-related issues.
Virendra Sachdeva, the head of the Delhi BJP, said during a news conference that the ordinance was essential for upholding Delhi’s honor and safeguarding the rights of its citizens.
“Delhi is the national capital, and whatever happens here has an impact all over the country and the world,” said Sachdeva, adding that the legislation was essential for preserving Delhi’s honor.
Will you (the Delhi administration) employ violence and intimidation of police personnel as a cover for the abuse of your authority, he demanded.
