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 Delhi government has been given authority over the transfers and appointments of officials in the nation's capital, and the Centre has petitioned the Supreme Court to have this decision reviewed. The move comes a day after the Centre introduced a special legislation designating the Delhi Lt Governor, who represents the Centre, as the final arbiter in the dispute.
The Aam Aadmi Party said on Saturday that the Center's law regarding the transfer of bureaucrats in the nation's capital is "unconstitutional" and an attempt to take over the authority granted to the Delhi government by the Supreme Court on service-related issues.
Speaking at a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation. She said the Centre's ordinance shows that "Prime Minister Narendra Modi is scared of Chief Minister Arvind Kejriwal" and the power of honest politics.
Reacting to the news, Aam Aadmi Party (AAP) leader and Rajya Sabha MP Raghav Chadha lashed out at the Centre for bringing an ordinance to decide on the transfer. According to Chadha, the Centre's action is a breach of federalism, a usurpation of governmental authority, and a contempt of court.
Delhi PWD Minister Atishi reacting to the move also said the centre’s ordinance goes against the Supreme Court. The ordinance is "unconstitutional" and will be struck down by the Supreme Court, she said. Atishi said the Supreme Court gave the powers to the Delhi government after an eight-year-long battle.
Rajya Sabha MP Kapil Sibal on Saturday took a dig at the Centre over its ordinance on transfer of bureaucrats in Delhi, saying that the government has promulgated the ordinance to state that it will have the final say even if the Supreme Court comes in the way.
Meanwhile, the BJP alleged that the Kejriwal administration was "intimidating" officers and "misusing" its authority under the guise of the most recent Supreme Court ruling on services-related issues. 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.
The Centre promulgated an ordinance on Friday to create a National Capital Civil Service Authority for transfer of and disciplinary proceedings against IAS and DANICS cadre officers. This came a week after the Supreme Court handed over the control of services, excluding those related to police, public order and land, to the elected government in Delhi.
The National Capital Civil Services Authority was established by an ordinance enacted by the Centre on Friday, days after a five-judge panel ruled in favour of the Delhi government. This authority would be responsible for making posting and transfer decisions.
It will comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who will be the member secretary to the authority.
The majority of the members present and voting shall decide any issues that must be decided by the Authority. The Lt Governor's choice is definitive if there is a conflict of opinion. 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.
