Centre moves SC seeking review of judgment ruling that Delhi govt will have control over services

The central government on Friday, amid the ongoing row between the Aam Aadmi Party (AAP) government and the Lieutenant Governor(L-G), brought an ordinance to set up a permanent authority known as the National Capital Civil Service Authority whose chairperson will Delhi chief minister along with chief secretary, Delhi, Principal Secretary (Home), Delhi to make recommendations to the Delhi LG regarding matters concerning transfer posting, vigilance and other incidental matters.

The ordinance said that in case of difference of opinion, the decision of the L-G shall be final.

On May 11, a five-judge constitution bench of the Supreme Court ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the L-G is bound by the advice of the elected government in everything other than public order, police, and land. The top court stressed that if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.

According to the ordinance, National Capital Civil Service Authority would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in 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 ordinance said all matters required to be decided by the authority shall be decided by majority of votes of the members present and voting and all recommendations of the authority shall be authenticated by the member secretary.

“The National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2, and 18 of List II- State List of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II- State List of the Seventh Schedule to the Constitution in so far as they relate to the entries 1, 2, and 18, or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor..”, said the ordinance.