New Delhi: The Centre government on Friday, amid the ongoing row between the AAP government and the Lt Governor, has brought an ordinance to set up a National Capital Civil Service Authority whose chairperson will Delhi Chief Minister, along with Chief Secretary and Principal Secretary, Home, to make recommendations to the LG regarding matters concerning transfer posting, vigilance and other incidental matters.
However, in case of difference of opinion, the decision of the LG shall be final, it holds.
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 LG 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.
The ordinance came after the apex court gave the Delhi government control in services matters, including transfer and posting of officers.
According to the ordinance, the 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 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.
“In case of difference of opinion, the decision of the Lieutenant Governor shall be final”, said the ordinance.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 said there is a need to promote the national interests without compromising on the democratic aspirations of the residents of Delhi.