Who will rule Delhi’s officers? AAP challenges central ordinance in Supreme Court

With the ordinance, the Centre has circumvented a top court ruling that gave the Delhi government power over the administrative services.

File photo of the Supreme Court of India | Manisha Mondal | ThePrint

New Delhi: Delhi’s Aam Aadmi Party (AAP) government has approached the Supreme Court challenging a central ordinance that has overruled the state’s control over the administrative services.

The BJP-led Centre brought this ordinance after an apex court ruling on 11 May gave the Delhi government legislative and executive power over the administrative services in the national capital.

A Constitution bench headed by Chief Justice D.Y. Chandrachud had said that the Lieutenant Governor (LG), who reports to the Centre, would be bound by the decisions of the Delhi government over the services.

However, those pertaining to land, police and law and order would not fall under the state government, the top court had ruled.

On 19 May, the Centre brought the ordinance – circumventing the Supreme Court decision – and notified rules for the Delhi government over “transfer posting, vigilance and other incidental matters” of the administrative services.

The ordinance constituted the “National Capital Civil Services Authority” in Delhi, comprising the Delhi chief minister, and the government’s chief and home secretaries. They were to make recommendations to the LG regarding “matters concerning transfer posting, vigilance and other incidental matters”, the Centre said.

The central government added that in the case of a “difference of opinion” between the Lieutenant Governor and the Delhi government, the decision of the LG would be “final”.

The AAP has decried the ordinance and tried to rustle up support from Opposition parties to block it in the Rajya Sabha where the BJP does not have the numbers.