New Delhi: With the Centre’s ordinance Friday night giving a larger say to the Delhi Lieutenant Governor (L-G) on matters related to posting and transfer of bureaucrats, drafting of policies and ensuring delivery of public services, AAP leaders have alleged the move will result in the Capital being reduced to a “mere Union territory”.
While Delhi is a Union territory, it is one of only two — alongside Puducherry — to have its own elected government and legislature.
“It is a step towards reducing Delhi into a mere Union Territory (UT), while the L-G remains the key individual,” AAP MP Sandeep Pathak told ThePrint.
The ordinance paves the way to form a ‘National Capital Civil Service Authority (NCCSA)’, a three-member authority that will be headed by the chief minister, but will have two Centre-appointed officers — the Delhi chief secretary and principal secretary, home department — as members.
The NCCSA has been tasked with giving recommendations to the L-G on matters concerning transfers and vigilance, among others, based on the majority of votes.
The ordinance empowers the L-G to return the recommendations to the NCCSA for reconsideration. Further, the L-G will have the final say in cases where a difference of opinion may arise.
According to the ordinance, the NCCSA will also make recommendations in connection with policies, such as ensuring “effectiveness” in delivery of public services and “good governance”.
“You cannot reduce the elected chief minister’s place in the authority as a minority member, while further giving the L-G the power to differ with any recommendation,” Pathak said.
The ordinance, he claimed, emboldens bureaucrats working under the Delhi government, while the elected government’s representation remains minimal.
He added that the Centre’s ordinance — the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 — not only limits the government’s control over transfers, but also over implementing policies and schemes.
Senior AAP leader Saurabh Bhardwaj said there “is no doubt that a substantial chunk of power has been taken away from the elected government, more than before”.
“The elected government is now like an NGO, which remains accountable to the people of Delhi,” he added.
The Delhi BJP, however, has maintained that the ordinance was necessary to maintain the “dignity of Delhi”.
What experts say
Legal experts are divided over the import of the ordinance, and what it means for the elected government.
Faizan Mustafa, a constitutional expert, said it is unlikely that the ordinance will be struck down, but the perception it creates is one “that is not good for decentralisation”.
“The ordinance disagrees with the Supreme Court and believes that UTs are homogenous and that Delhi, in spite of its assembly, does not become a sui generis,” he added. “And this is for reasons such as Delhi being the national capital, and that it houses embassies of other nations, among others.”
Arghya Sengupta, founder and research director at Vidhi Centre of Legal Policy, said the ordinance has more to do with the transfers and posting of bureaucrats, and the section on policy matters must also be read in the same vein.
“It would be a complete travesty if this ordinance is read as giving the NCCSA complete control over all day-to-day matters,” he added. “In my view, this ordinance has to do with bureaucrats, and their postings.”
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