INDIA. Delhi: The Kejriwal-led-government may face major difficulties in matters concerning transfer posting, vigilance, and other incidental matters as the ruling party brings ordinances to collapse their power. In the recent past, the Supreme Court passed a five-judge bench verdict giving power to the elected government of the National Capital Territory of Delhi.
They were permitted to make decisions regarding “services,” transfer-posting, and discipline over officials. However, the UPA government on Friday brought in an ordinance to transfer the authority back to the Lieutenant Governor (LG).
The Amendment to the GNCTD Act has created a “National Capital Civil Service Authority,” which will “make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance, and other incidental matters.”
Therefore, the NCCSA will have the elected Chief Minister of Delhi, the Chief Secretary of Delhi, and the Principal Secretary, Home of the GNCTD. Now, as per the introductory Ordinance “Part IV A” to the GNCTD Act, with 13 provisions under Section 45 A to Section 45-M, entitled “Provisions relating to the maintenance of the democratic and administrative balance in the governance of the National Capital Territory of Delhi.”
The ordinance now envisages a separate cadre for Delhi, to be drawn from the Union Public Service Commission (UPSC) and the Delhi Subordinate Services Selection Board (DSSSB).
Reacting to the ordinance, Education Minister Atishi said in his statement, “The Centre’s ordinance is in contempt of the Supreme Court Constitution bench, which ruled that the elected government should have the power to take decisions (regarding services matters). The ordinance has been brought by the central government out of fear that the power will go into the hands of CM Arvind Kejriwal’s government.”
“It is clear that the central government is afraid of Arvind Kejriwal and the judgement of the Supreme Court, that is why they have brought this ordinance, which is a contempt of the SC,” he added.
Delhi services minister Saurabh Bharadwaj also confirmed and said, “The central government has snatched the powers on services matters given to the elected government of Delhi by the Constitution bench of the Supreme Court. The people of Delhi elected Arvind Kejriwal for the third time, but the Centre is saying that the imposed lieutenant governor will have the rights of transfer and posting, and through them, he will have authority over every work. This is contempt and insult to the Supreme Court.”