New Delhi: In a dramatic turn of events, the Centre Friday night brought an ordinance that negates the Supreme Court‘s recent constitution bench judgement which ruled that the Delhi government will control the bureaucrats that work under it.
Through the ordinance – the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 – the Centre has formed the National Capital Civil Service Authority (NCCSA), an authority that will give recommendations to the Lieutenant Governor (L-G) over matters concerning transfer posting, vigilance and other incidental matters, among others, while effectively giving more teeth to the Lieutenant Governor’s office.
The move comes amid years of a standoff between the Aam Aadmi Party-led Delhi government and the Centre-appointed LG over the Capital’s governance.
The NCCSA will be headed by the Capital’s Chief Minister in addition to the government’s Chief Secretary and the Principal Secretary of the Home department. Both officers are appointed by the Centre.
According to the ordinance, the matters to be decided by the NCCSA shall be decided by majority of votes of the members present and voting – which means the Chief Minister, Chief Secretary and the Principal Secretary, Home Department. The minimum number of members required to hold the NCCSA’s meeting will be two, according to the ordinance.
Reacting to the development, senior advocate Abhishek Singhvi, who represented the Delhi government before the Supreme Court, said that the new ordinance will have to be closely examined, but it was a clear act of “a bad, poor and graceless loser”. He added that the ordinance was drafted by people who were “blissfully ignorant of law”.
Prior to the notification, the LG’s office approved the government’s proposal to assign additional charge of the services department to senior IAS officer AK Singh, according to officials at the Raj Niwas, amid allegations by the Chief Minister and Cabinet Ministers that the process was being delayed.
The ordinance said that in cases where the LG differs with the NCSAA’s recommendation, the LG may return the recommendations to the latter for reconsideration; in cases of difference of opinion, the LG’s decision shall be final.
The Delhi Bhartiya Janata Party welcomed the ordinance, while a party spokesperson told ThePrint that it “effectively demotes the powers” of the elected government.
The ordinance also said that the NCCSA will make policies relating to ensuring effectiveness in delivery of public services, “ensuring good governance” and “ensuring greater transparency” in the government’s administration, among others.
“This would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in administration of the Capital by giving purposeful meaning to the manifestation of democratic will of people reposed both in the Central Government as well as the GNCTD [Government of National Capital Territory of Delhi],” the ordinance states.
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