New Delhi: The Union authorities on Friday introduced an ordinance to inform guidelines for the Government of National Capital Territory of Delhi (GNCTD) relating to the ‘switch posting, vigilance and different incidental issues’. The ordinance has been dropped at amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the SC judgement within the Centre vs Delhi case. The Ministry of Law and Justice acknowledged within the notification, “In view of its special status as a national capital, a scheme of administration has to be formulated by Parliamentary law, to balance both local and national democratic interests which are at stake, which would reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of National Capital Territory of Delhi (hereinafter referred to as GNCTD)”.
An ordinance has been handed by the Centre to represent ‘National Capital Civil Services Authority’ in Delhi. This includes Delhi CM, Chief Secretary and Home Secretary of Delhi authorities. They will now resolve on the switch and posting of Group ‘A’ officers and DANICS officers serving in Delhi authorities.
“With a view to give effect to the intent and purpose behind the provisions of Article 239AA, a permanent authority headed by the democratically elected Chief Minister of Delhi along with Chief Secretary, GNCTD the head of the administration representing the will of the officers of GNCTD and the Principal Secretary Home, GNCTD is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters,” the notification acknowledged.
Also Read:Â PK Gupta To Be New Chief Secretary Of Delhi? Kejriwal Govt Seeks Centre’s Nod
It added, “This would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in the administration of the capital by giving purposeful meaning to the manifestation of democratic will of people reposed both in the Central Government as well as the GNCTD”. The Ministry additional notified that in case of “difference of opinion” between the Lieutenant Governor and the Delhi authorities, the choice of the LG shall be “final”.
“The Lieutenant Governor, after the receipt of such recommendation under sub-section (1) or sub-section (2) of this section, may pass appropriate orders giving effect to the recommendation made: Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi,” the notification acknowledged.
It added, “Provided further that in case the Lieutenant Governor differs with the recommendation made, whether based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration by the Authority: Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final”.
Notably, this comes days after a Constitution bench of the Supreme Court, in an unanimous verdict, mentioned that the Delhi authorities will need to have management over providers, and the Lieutenant Governor is certain by its resolution. The court docket mentioned that the Delhi authorities just like different States represents the consultant type of authorities and any additional enlargement of the Union’s energy will probably be opposite to the Constitutional scheme.
Earlier within the day, Delhi CM Arvind Kejriwal had expressed apprehension that the central authorities would possibly convey an ordinance to “overturn or reverse” the SC ruling. Speaking to reporters after assembly LG VK Saxena on Friday, “Met L-G VK Saxena. He said that he will send approval for the appointment of the Services Secretary. I hope he does that soon. It is being heard from the media that the central government is bringing an ordinance to overturn or reverse the order of the Supreme Court”.
The CM added, “I hope it is a rumour because if it happens, it will be a betrayal of the people of Delhi and the country. This is the order of the Constitutional Bench of the Supreme Court. At least the government should follow that”. Supreme Court held that if administrative providers are excluded from the legislative and government domains, the ministers could be excluded from controlling the civil servants who’re to implement the chief selections.
It mentioned that states too have the facility however the government energy of the State will probably be topic to the prevailing regulation of the Union. It needs to be ensured that the governance of States shouldn’t be taken over by the Union. Supreme Court mentioned in a democratic type of authorities, the actual energy of administration should relaxation with the elected authorities.
If a democratically elected authorities shouldn’t be given the facility to manage the officers, the precept of the triple chain of accountability will probably be redundant. It mentioned if the officers cease reporting to the ministers or don’t abide by their instructions, the precept of collective accountability isaffected.
A five-judge Constitution bench of CJI DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha pronounced the judgment on May 11. The five-judge bench had reserved its judgment on January 18 this 12 months.
Governance of the nationwide capital has witnessed an influence battle between the Centre and the Delhi authorities because the Aam Aadmi Party (AAP) got here to energy in 2014. The case was posted earlier than a Constitution bench after a three-judge bench had in May 2021 determined to ship it to a bigger bench on a request by the Central gov
