Delhi, Centre’s Fight For Control Of Bureaucrats Goes To Supreme Court Again

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 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.

Sources in the Centre have said that the ordinance was passed “to remove the discrepancy arising out of the Constitutional bench judgement”. 

The ordinance is in complete disregard to the Supreme Court order, the ruling-Aam Aadmi party alleged.

“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.

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.