New Delhi: Effectively giving more teeth to the Lieutenant-Governor’s office, the Union Cabinet Tuesday evening approved the Bill to replace the controversial ordinance promulgated by the Centre that gives the L-G final say in the transfer and postings of bureaucrats in the Delhi government, vigilance and other matters.
The Aam Aadmi Party (AAP) government in Delhi has approached the Supreme Court to seek an “immediate stay” on the Modi government’s controversial ordinance to create an authority for transfer and posting of Group-A officers.
The Delhi ordinance issued 20 May has become a major flashpoint between the AAP-led city government and the BJP-led Centre. Delhi Chief Minister and AAP convener Arvind Kejriwal has gone all out, rallying support among the opposition camp to vote against the Bill to replace the Union government ordinance in the Rajya Sabha.
The AAP got a boost last week after the Congress, which was dithering over the issue, announced its decision to oppose the Bill in the Rajya Sabha. The Centre’s move to curtail the powers of the Delhi government in postings of bureaucrats has brought 26 opposition parties together under the banner of ‘INDIA’.
However, the Bharatiya Janata Party led government at the Centre seems comfortably placed in terms of numbers, albeit with the support of traditionally friendly parties like the YSR Congress Party and the Biju Janata Dal.
The Bill is likely to be introduced in the ongoing Monsoon session of Parliament. For, after an ordinance is promulgated, it has to be approved by Parliament within six weeks of reassembling. Otherwise, the ordinance ceases to operate.
The Bill provides for setting up of a National Capital Civil Services Authority (NCCSA), a three-member authority to be headed by the Delhi chief minister, to decide on transfer of and postings of Group-A officers, including civil servants. According to the ordinance, the body, which will also have the Delhi chief secretary and the principal secretary, home department, as members, will take its decisions by majority vote.
The Bill will give the Delhi discretionary powers on several matters, including those related to the NCCSA, and decide on the constitution of boards, commissions or “any” statutory body that emanates from a central Act, etc.
The L-G’s powers come through Section 45D of the GNCTD (Amendment) Ordinance, 2023, which states: “Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office-bearer or member thereof, constituted or appointed by or under any law for the time being in force, in and for the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President”.
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Centre and Delhi govt tussle intensified
The ordinance was a major flashpoint between the Centre and the Delhi government. It was passed a week after the Supreme Court gave legislative and executive power over administrative services to the Delhi government in the national capital.
In its 11 May ruling, a Constitution Bench of Chief Justice D.Y. Chandrachud and Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, in a unanimous judgement, said the elected government would have control over all services in Delhi, except those pertaining to land, police and law and order.
Days after the apex court’s order, the Centre promulgated the ordinance to limit the powers of the state government. Subsequently, the Centre’s move to curtail the powers of the Delhi government in postings of bureaucrats has brought 26 opposition parties together against the Modi government.
(Edited by Tony Rai)