NEW DELHI: Days after the Supreme Court ruled that the Delhi Government should have legislative powers over control of bureaucrats except in matters of police, public order and land, the Centre late on Friday issued an ordinance to set up a body for transfer and posting of Group-A officers of DANICS cadre. The cadre refers to Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli.
The ordinance, namely The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, is proposed to provide for a comprehensive scheme of administration of services in the NCTD (National Capital Territory of Delhi) and other allied issues. Justifying the move, the ordinance states, “Parliament is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action.”
Effectively nullifying the impact of the SC judgment, the ordinance states, “Notwithstanding anything contained in any judgment, order or decree of any court, the legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution or any matter connected therewith or incidental thereto.” It provides for setting up the National Capital Civil Service Authority (NCCSA), which shall have the responsibility to recommend the transfers and postings of all Group-A officers and officers of DANICS serving in the affairs of the government of NCTD.
The NCCSA will consist of the Delhi CM as its chairperson, Chief Secretary and Principal Home Secretary, who shall be the member secretary to the authority. “All matters shall be decided by majority of votes of the members present and voting. The Central Government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide it with such officers and employees, as it may deem fit,” the ordinance says. The Central Government said any decision taken or any event in the capital of the nation not only affected the residents of the national capital, but also the rest of the country.
Delhi Minister Atishi hit back, saying the ordinance was a “clear cut case of contempt of court”. “The Union Government has gone against the unanimous decision of the Supreme Court’s Constitution Bench. The Centre’s sole motive to bring this ordinance is to snatch powers from the Kejriwal government.”