Centre seeks SC review, Delhi Govt to challenge ordinance in Administrative Power dispute

New Delhi: A day after bringing an ordinance to gain control over the appointments and transfer of bureaucrats in the National Capital, the Central government has approached the Supreme Court with a plea to review its ruling giving administrative power to the Government of the National Capital Territory of Delhi (GNCTD) except for specific areas such as public order, police, and land.

In response to the Centre’s move, the Arvind Kejriwal-led government has announced its decision to approach the Supreme Court to challenge the recently passed ordinance.

Abhishek Singhvi, the counsel representing the Delhi government in the services matter, criticized the Centre's actions, comparing it to changing the rules after losing a match. Singhvi expressed scepticism about the ordinance's passage in Parliament.

The Centre has introduced an ordinance to establish a National Capital Civil Service Authority reportedly to bypass the Apex court order in order to bestow the power of a final word on Delhi Lt Governor, the Centre's representative, in matters related to staff appointments and transfer.

The National Capital Civil Service Authority will have the power in the process of transferring and postings of Group A officers and officers of the DANICS (Delhi, Andaman and Nicobar Islands Civil Service) serving in Delhi.

In the landmark ruling on May 11, the apex court upheld the power of the GNCTD, stating that in a democratic government, the authority of administration should rest with the elected representatives.

The court declared that the GNCTD would have legislative and executive control over administrative services in the NCT, excluding specific areas such as public order, police, and land, which fall under the State List.

The five-judge Constitution Bench, headed by Chief Justice of India D Y Chandrachud, unanimously asserted that the Legislative Assembly of the NCTD holds the competence over entries in List II and List III, except for the explicitly excluded entries. Furthermore, the bench emphasized that the executive power of the NCTD is co-extensive with its legislative power.

The establishment of the National Capital Civil Services Authority will consist of the Chief Minister, who will serve as the Chairperson, along with the Chief Secretary and the Principal Home Secretary. All matters requiring a decision by the Authority will be determined by a majority vote of the members present and voting. In the event of a disagreement, the final decision rests with the Lieutenant Governor.

The recently passed ordinance effectively cancels out the Supreme Court's May 11 order, which granted control over services in Delhi, excluding police, public order, and land, to the elected government. Sources within the Centre have indicated that the ordinance was enacted "to address the discrepancy resulting from the Constitutional bench judgment."

The Aam Aadmi Party (AAP) has alleged that the Centre's ordinance is "unconstitutional" and an attempt to strip the Delhi government of the powers granted to it by the Supreme Court regarding service matters.