Delhi’s Arvind Kejriwal government has lost the happiness it got from the Supreme Court 9 days back. By bringing an ordinance, the central government has nullified the order of the Supreme Court, in which the Delhi government got the right to transfer and posting officers. On May 11, the Constitutional Bench headed by CJI DY Chandrachud, while giving an important verdict, had said that except for public order, police and land, the control of administration in other matters would be with the elected government. The Kejriwal government, which was rejoicing after getting the authority from the country’s highest court, also took several decisions in haste, but they could not be implemented due to pending approval from the LG. Now the central government has implemented a new system of transfer-posting of officers in Delhi through a new ordinance.
what is the ordinance of the center
Through the Government of NCT of Delhi (Amendment) Ordinance 2023, the Central Government has constituted the National Capital Civil Service Authority (NCCSA). Decisions related to transfer posting and service of officers in the capital Delhi will now be done through NCCSA. The Chief Minister of Delhi will be the head of the authority, but the decision will be taken by majority. The NCCSA will have the Chief Secretary and Principal Secretary Home as members besides the Delhi CM. In case of any dispute, the decision of LG will be final. In all other matters except the subjects under the Centre, the authority will recommend transfer-posting of Group A and DANICS officers serving in Delhi, on which the LG will put the final seal. This means that Chief Minister Arvind Kejriwal no longer has the authority he had got from the Supreme Court on the transfer-posting of officers. The ordinance will have to be passed by the Parliament in 6 months. After this it will take the form of law.
plea of national interest
The Supreme Court in its decision had definitely given control over the service to the Delhi government but also said that being the national capital, there should be a balance of the democratic will of the entire country reflected through the Parliament. On the same lines, it has been said in the Ordinance, ‘The National Capital belongs to the whole country and the whole country is interested in the governance of the capital. It is in the national interest that the people of the entire country have some role in the administration of the national capital through a democratically elected central government.
Kejriwal had expressed apprehension during the day
Arvind Kejriwal had expressed apprehension on Friday evening that the central government may overturn the decision of the Supreme Court through an ordinance. All the ministers of the Delhi Government reached Raj Bhavan with an appeal to LG to sign the order to change the service secretary soon. Meanwhile, Kejriwal tweeted, ‘Why is LG Sahib not obeying the SC order? Why hasn’t the file of the Services Secretary been signed for two days? It is being said that the Center is going to overturn the SC order by bringing an ordinance next week? Is the central government plotting to overturn the SC order? Is LG Sahib waiting for the ordinance, so not signing the file? Later Kejriwal himself also went to meet LG and after leaving he said that some journalists told him about the ordinance. But he hopes that this turns out to be a rumour. However, Arvind Kejriwal’s apprehension proved true in the night itself.
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