Centre Promulgates Ordinance to Circumvent SC Ruling Clipping Wings of Delhi Lieutenant Governor
Manas Dasgupta
NEW DELHI, May 20: Even as moving the Supreme Court for a review of its May 11 Constitution Bench verdict giving “executive and legislative powers over Services” to the Delhi government, the Centre on Friday promulgated an ordinance to circumvent the apex court’s order restoring all powers over the administrative officers of Delhi to its points man the Lieutenant Governor.
The ordinance designated the Lieutenant Governor (L-G) as the administrator of Delhi who will have the final say on the postings and transfer of all bureaucrats serving the Delhi Government. The ordinance would create a National Capital Civil Service Authority that would have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.
According to the ordinance, the Chief Minister will be the chairperson of the authority and the Chief Secretary and the Principal Home Secretary its members. All matters required to be decided by the authority will be decided by the majority of votes of the members present and voting.
In case of a difference of opinion, the decision of the Lt. Governor would final. The move has set the stage for a renewed intense confrontation of the Kejriwal dispensation with the Centre and the Lt. Governor.
The Delhi Chief Minister Arvind Kejriwal condemning the centre’s move on Saturday said the central government had “insulted the majesty of the Supreme Court” with a special order that bypassed its ruling on who controls bureaucrats in the capital. “This is a disgusting joke. They have overturned the Supreme Court judgment within a week. The centre is challenging the Supreme Court openly. This is direct contempt of the Supreme Court and an insult to its majesty,” Kejriwal said at a news briefing.
“The ordinance will be challenged in the Supreme Court. It will slow down the Delhi government’s work but will not stop it,” Kejriwal said, accusing the central government of waiting for the court to break for its summer vacation before introducing the “unconstitutional” order.
Kejriwal’s attack came a day after the centre introduced the ordinance that bypasses the Supreme Court’s May 11 verdict which held that the Delhi government will control the appointment and transfer of bureaucrats except for public order, police and land affairs. The centre’s review petition also urged the Supreme Court to review the judgment, saying it “suffers from errors apparent on the face of the record and fails to consider the case submitted by the review petitioner.”
Last week, a five-judge constitution bench headed by Chief Justice DY Chandrachud, in a unanimous verdict, put an end to the dispute between the centre and the Delhi government running since 2015.
On Friday, the centre issued a special order – known as an ordinance – to create an authority for the transfer and posting of senior officers in Delhi. The ordinance seeks to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against bureaucrats.
In a statement attributed to “government sources,” it said it was forced to issue the order because of the Delhi government’s regular “instigation” and “acrimonious attacks” on the centre and the city’s unique character.
The ruling Aam Aadmi Party (AAP) termed the centre’s ordinance “an act of treachery.” But the BJP’s Delhi unit welcomed the move, saying it was necessary for the country’s image.
Calling the move unconstitutional, Kejriwal said, “This ordinance is a slap in the face of the 2 crore people of Delhi by the BJP. It is not right to trample on democracy publicly, thumbing your nose at the Supreme Court. We will go to SC against the ordinance,” the CM said.
But the BJP defending the move said it was a step in consonance with the Constitution and in line with the Supreme Court’s observations in the matter, asserting that this is also in the interest of the common man. BJP spokesperson Gaurav Bhatia launched a sharp attack on Kejriwal following his denouncement of the Centre for bringing the ordinance, which seeks to negate the apex court order giving the authority over officers to the elected government, saying his ideology is against the Constitution and is anarchic.
Experts, however, feel that though Parliament had the power to enact a law to nullify the effect of a court ruling, the ordinance moved by the Centre had raised questions over the manner in which it addresses the key principles enunciated in the Supreme Court ruling.
The Constitution bench ruling re-interpreting Article 239AA, the provision that deals with the governance structure of Delhi underlined the principles of federalism, participatory democracy and collective responsibility. In a determined effort to wrest control over the officialdom in the aftermath of the apex court order leaving it with just three subjects, the Centre promulgated an ordinance.
