Centre brings ordinance to control Delhi bureaucrats, effectively nullifying SC ruling

New Delhi: In order to outsmart last week’s Supreme Court order bestowing power to the Delhi government in administrative matters, the BJP-led Centre on Friday promulgated an ordinance to establish a National Capital Civil Service Authority. This authority will be vested with the power to recommend the transfer and posting of all Group A officers and officers of the Delhi, Andaman and Nicobar Islands Civil Service (DANICS) serving in Delhi.

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 is expected to help the Central government to overcome the Supreme Court order that granted more control over "services" to the Delhi Government while emphasising the significance of the people's mandate expressed through an elected government in a democracy.

The newly created authority will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home. However, decisions made by the authority will be subject to a majority vote, effectively enabling two bureaucrats appointed by the Centre to overrule the elected Chief Minister.

The ordinance empowers the Lieutenant Governor (LG) to return any recommendation made by the authority for reconsideration. In cases of a difference of opinion, the decision of the LG will be deemed final. This provision grants the LG increased authority not only in matters concerning the transfer and posting of officials but also in terms of governance in Delhi, designating the individual occupying the post as an "administrator" acting at their sole discretion in matters beyond the purview of the Delhi Assembly.

Furthermore, the ordinance grants extensive powers to the Secretary of the Department to the Council of Ministers. If the Secretary believes that a proposal made by the Council of Ministers violates the provisions of the law, it becomes their duty to bring it to the notice of the Lieutenant Governor for a final decision.

Senior Congress leader Abhishek Singhvi, who appeared for the Delhi government in the Supreme Court, criticized the ordinance, calling it a sign of a poor, bad graceless loser. He questioned the extent to which constitutional principles could be diluted by the ordinance and whether Parliament would approve it.

The Aam Aadmi Party (AAP) and its leaders expressed strong opposition to the ordinance, labelling it as a clear case of contempt of court. They argued that the ordinance overturned the power over the Chief Secretary that was granted to the Delhi Government by the Constitution Bench, and undermined federalism and the accountability of the civil service to the political executive.

The AAP described the ordinance as in poor taste and an attempt to subvert the democratic process. They questioned whether an ordinance could simply reverse the decisions made by a democratically elected government. The party had previously expressed concerns that an ordinance would be introduced, which were confirmed when it was promulgated before their ministers marched to the LG's office to demand clearance and action on their decisions regarding the transfer and posting of officers.

The AAP accused the Modi Government of going against the unanimous decision of the Supreme Court's Constitution bench and alleged that the motive behind the ordinance was to curtail the powers of the Kejriwal Government.