New Delhi [India], March 19 (ANI): The Union government on Friday brought an ordinance to notify rules for the Government of National Capital Territory of Delhi (GNCTD) regarding the ‘transfer posting, vigilance and other incidental matters’. The ordinance has been brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the SC judgement in the Centre vs Delhi case.

The Ministry of Law and Justice stated in 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 passed by the Centre to constitute ‘National Capital Civil Services Authority’ in Delhi. This comprises Delhi CM, Chief Secretary and Home Secretary of Delhi government. They will now decide on the transfer and posting of Group ‘A’ officers and DANICS officers serving in Delhi government. “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 stated.

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 further notified that in case of “difference of opinion” between the Lieutenant Governor and the Delhi government, the decision 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 stated.

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, said that the Delhi government must have control over services, and the Lieutenant Governor is bound by its decision. The court said that the Delhi government similar to other States represents the representative form of government and any further expansion of the Union’s power will be contrary to the Constitutional scheme.

Earlier in the day, Delhi CM Arvind Kejriwal had expressed apprehension that the central government might bring an ordinance to “overturn or reverse” the SC ruling. Speaking to reporters after meeting 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 services are excluded from the legislative and executive domains, the ministers would be excluded from controlling the civil servants who are to implement the executive decisions.

It said that states too have the power but the executive power of the State will be subject to the existing law of the Union. It has to be ensured that the governance of States is not taken over by the Union. Supreme Court said in a democratic form of government, the real power of administration must rest with the elected government. If a democratically elected government is not given the power to control the officers, the principle of the triple chain of accountability will be redundant.

It said if the officers stop reporting to the ministers or do not abide by their directions, the principle of collective responsibility is affected. 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 year. Governance of the national capital has witnessed a power struggle between the Centre and the Delhi government since the Aam Aadmi Party (AAP) came to power in 2014. The case was posted before a Constitution bench after a three-judge bench had in May 2021 decided to send it to a larger bench on a request by the Central government. (ANI)

“LG Saxena has assured that file will be cleared”: CM Kejriwal over transfer of Services Secretary

New Delhi [India], May 19 (ANI): Delhi Chief Minister Arvind Kejriwal on Friday met Lieutenant Governor VK Saxena and held discussions over his delay in clearing the file for the Services Secretary’s transfer, amid the tussle between the AAP-led Delhi government and the LG over “non-implementation” of the Supreme Court verdict on services.

After meeting the Delhi LG, Arvind Kejriwal said, “I met with the LG and inquired about the timeline for the approval of the file concerning the transfer of the Services Secretary. In response, the LG assured me that he is in the process of sending it. I am hopeful that the LG will expeditiously forward the file for the transfer of the Services Secretary. It is important to note that service secretaries hold a pivotal role as they oversee all administrative transfers. Hence, it was imperative to initiate the transfer process with the Services Secretary.”

Kejriwal also addressed the circulating rumours suggesting that the central government intends to introduce an ordinance to overturn the Supreme Court’s order. The CM expressed his hope that these rumours are unfounded and without any basis. He emphasised that if such an ordinance were to be introduced by the central government, it would be a severe betrayal to the people of Delhi and the nation as a whole.

He highlighted that the Supreme Court’s decision, made by a constitutional bench, has brought happiness to the people of Delhi, as it allows their elected government to work effectively on their behalf. Ahead of the meeting, the Delhi LG wrote a letter to CM Kejriwal alleging “unconstitutional brazenness, intimidation and disregard of rules and procedures” by the AAP government following the Supreme Court verdict. “I write to you bring to your notice the unconstitutional brazenness, intimidation and disregard of rules and procedures being indulged into by your government and its Ministers, especially the Hon’ble Minister (Service), Shri Saurabh Bhardwaj, ever since the Constitutional Bench Judgement of the Supreme Court dated 11.05.2023,” stated LG Saxena’s letter to Kejriwal.
This came after, five Cabinet Ministers of the Delhi Government– Kailash Gahlot, Gopal Rai, Imran

Hussain, Saurabh Bhardwaj and Atishi had to stage a dharna for one and a half hours outside the LG Office, demanding an appointment with him.

Following the meeting, Saurabh Bhardwaj said, “I explicitly informed LG Sahab that on May 16, I waited for the Chief Secretary until 9:30 PM, expecting him to arrive for a meeting with the CSB. I sent several WhatsApp messages to the Chief Secretary, and he indicated that he would come. However, when the Chief Secretary finally came to my cabin around 9:30 PM, he issued a threat to kill me. I have brought this threat, made by Chief Secretary Naresh Kumar, to the attention of LG Sahab. The LG has expressed a commitment to taking appropriate action regarding this matter. We strongly advocate for strict action to be taken against Chief Secretary Naresh Kumar.”

Bharadwaj also highlighted the central government’s unease following the Supreme Court’s order by the Constitutional Bench. In line with some rumours, he speculated that the central government and the LG might be conspiring to introduce an ordinance clandestinely to reverse the Supreme Court’s decision. Their motive would be to maintain control over Delhi‘s power despite the implications of the court’s ruling, which aims to grant more authority to Chief Minister Shri Arvind Kejriwal and the elected government, he said.

Earlier today, Delhi Services minister Saurabh Bharadwaj urged Delhi LG Vinai Kumar Saxena to clear the file for a change of Secretary (Services) and said that the elected government wishes to make administrative changes. In a letter to the Delhi LG, Bharadwaj said, “We had sent a proposal to change the Secretary (Services) two days back. After the order of the Hon’ble Supreme Court, the elected Government wishes to make several administrative changes for which change in Secretary (Services) is important. A lot of work is held up due to that.”

Highlighting the judgement of the Supreme Court, Bhardwaj said that the apex court has said that LG should exercise the power of difference of opinion in the rarest of rare cases and change in Secretary is a routine matter. Meanwhile, Cabinet Minister Kailash Gahlot, who also participated in the protest outside the LG House, voiced concerns regarding the time taken for each file’s processing. He questioned the functioning of the elected government if such delays persist. He emphasised the importance of the elected government’s ability to make necessary changes, including the transfer of a Services Secretary, for effective governance. He further expressed apprehension that the LG’s non-compliance with the Supreme Court’s orders indicates an intention to hinder the work of the Delhi government and the well-being of its people.

The Supreme Court on May 11 said that the division of administrative powers between the Union and Delhi government “must be respected” and held that the Delhi government has “legislative and executive power over services” in the national capital, including the bureaucrats, except those relating to public order, police and land.

A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices MR Shah, Justice Krishna Murari, Hima Kohli and PS Narasimha said, “The division of administrative powers between the Union and the Government of the National Capital Territory of Delhi (NCTD) as explained… must be respected.” (ANI)