The Centre has filed a petition in the Supreme Court seeking review of its verdict granting the Delhi government control over transfers and appointments of bureaucrats in the national capital. The development comes a day after Centre brought in a special law, making Delhi Lt Governor, who is the Centre’s representative, the final arbiter in the matter.
The Arvind Kejriwal government, meanwhile, has decided to approach the Supreme Court challenging the ordinance passed by the Centre. “When you lose the match, you change the rules,” Abhishek Singhvi, who is the Delhi government’s counsel in the services matter, said, adding that the ordinance will not pass in the parliament.
Days after the 5-judge bench passed the verdict in favour of the Delhi government, the Centre, through an ordinance on Friday, created National Capital Civil Services Authority to decide on postings and transfers. The Authority will include Chief Minister, who shall be the Chairperson of the Authority, the Chief Secretary and the Principal Home Secretary.
All matters required to be decided by the Authority shall be decided by majority of votes of the members present and voting. In case of a difference of opinion, the decision of the Lt Governor is final.
The ordinance nullifies the May 11 Supreme Court order handing over the control of services in Delhi, excluding police, public order and land to the elected government.
Sources in the Centre have said that the ordinance was passed “to remove the discrepancy arising out of the Constitutional bench judgement”.
The AAP has alleged that the Centre’s ordinance is “unconstitutional” and a move to snatch the power given to the Delhi government by the Supreme Court in services matters.
“It is highly doubtful that the parliament as a whole, both houses, will allow the ordinance ever to come into an act. There are some startling interesting points. The ordinance, which is equal to an act, cannot change the Constitution. A constitution can only be changed by an Constitutional Amendment. This ordinance seeks to change several fundamental features of the Constitution. The whole purpose of making Delhi the only union territory that is being tried to be negated by the ordiance. On the face of it, therefore, it has to be struck down,” Abhishek Singhvi told NDTV.
On its part, the BJP has alleged that the Kejriwal government was “intimidating” officers and “misusing” its powers under the cover of the recent Supreme Court verdict on services matters.
Speaking at a press conference, Delhi BJP president Virendra Sachdeva said the ordinance was necessary for maintaining the dignity of Delhi and protecting people’s interests.
“Delhi is the national capital and whatever happens here has an impact all over the country and the world,” Mr Sachdeva said, adding the ordinance was necessary for maintaining Delhi’s dignity.
“Will you (Delhi government) resort to hooliganism and intimidation of officers, and misuse power under the cover of the Supreme Court verdict,” he asked.
The ordinance will have to be passed in both the houses of parliament. The BJP is short on numbers in the Rajya Sabha, where opposition parties could get together on the issue.
