New Delhi: The Union government has, in effect, moved to reverse an important order passed by the Supreme Court last week, which had given executive power in services matters, including the transfer and posting of officers in the national capital, to the Delhi government.
The ordinance issued on Friday (May 19) has now established the National Capital Service Authority to make recommendations to the Delhi Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters.
“In view of its special status as a national capital, a scheme of administration has to be formulated by 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 (GNCTD),” the ordinance says.
“A permanent authority headed by the Delhi chief minister is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters,” it added.
The Supreme Court had held on May 11 that the elected Delhi government has power over all administrative services except those pertaining to police, public order and land. Other than in these three areas, the bench said, the Lieutenant Governor is bound by decisions taken by the Delhi assembly.
A five-judge Constitution bench headed by Chief Justice of India D.Y. Chandrachud came to the unanimous decision that “The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.”
Last week saw two important orders, one on Delhi and one on Maharashtra, where actions of the Governor were seen as unconstitutional, but the apex court stopped short of restoring the old MahaVikas Aghadi government which was toppled by the Eknath Shinde faction of the Shiv Sena jumping ship to the BJP.
The former law minister, Kiren Rijiju, lost his portfolio yesterday to Arjun Ram Meghwal, amid speculation about what may have triggered the sudden shift.
