The tussle between the Centre and the Delhi government over who has the power to decide on transfer and posting of bureaucrats in the national capital will have to be looked into again by the Supreme Court. The recent development comes days after the SC had decided the matter in favour of the Government of National Capital Territory (NCT) of Delhi.
The issue is up for judicial review yet again after the Centre, in a surprise move, promulgated an ordinance last evening that seeks to amend the Government of National Capital Territory of Delhi Act, 1991. The ordinance practically neutralises the Supreme Court's judgment on the issue of services in Delhi, which was passed on May 11.
The court had in its order made it clear that the Delhi government had the powers to legislate and decide on transfer and posting of officers in the capital, except for the areas of land, law and order and police.
As per the ordinance, a National Capital Civil Service Authority will be created, which will be headed by the chief minister and will comprise the chief secretary and the principal home secretary of Delhi. All matters will be decided by the authority by majority of votes of the members present and voting.
The authority will decide on transfer, posting and vigilance matters of all Group A officers and DANICS officers posted in Delhi. The Lieutenant Governor will pass orders to give effect to the recommendations made by the authority. If there is a difference of opinion between the authority and the L-G, the decision of the latter will be final.
AAP leaders are up in arms against the ordinance, describing it as a contempt of court. The AAP is hopeful of the apex court striking down the ordinance and point out that the court had in its order stressed upon the primacy of people's mandate and the importance of the elected government having control over services to be able to fulfil the promises made to the people. They say the ordinance goes against this reasoning and hence strikes at the very heart of the court's order.
In his reaction, Congress leader and Senior Advocate Abhishek Singhvi, who had represented Delhi government in the matter in the Supreme Court, wondered how through an ordinance, the judgment of the Constitution Bench of the Supreme Court could be overturned. He said in a tweet that it was doubtful if central principles laid down in the court's order could be diluted through ordinance or legislation. He said it was even more doubtful if Parliament as a whole would at all approve it.
