Delhi Govt vs Centre | Central Government Issues Ordinance Providing LG Powers Over "Services" In GNCTD

Just a few days after the Supreme Court's judgement holding that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land, the Central Government has issued an ordinance to constitute ‘National Capital Civil Services Authority’ in Delhi. As per the ordinance, the authority will be headed by Delhi Chief Minister, and will comprise of Chief Secretary and Home Secretary of the Delhi government. The authority is to now decide on the transfer and posting of Group ‘A’ officers and DANICS officers serving in Delhi government.

The notification stated that the permanent authority is being formed to give effect to the intent and purpose behind Article 239AA and that it is being introduced to make recommendations to the Lieutenant Governor (LG) regarding matters concerning transfer posting, vigilance, and other incidental matters.

The notification reads–

"Any decision taken or any event in the capital of the nation not only affects the residents of the national capital but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum..."

It is to be noted that as per the Ordinance, in case of a difference of opinion, the decision of the LG shall be final.

It adds–

"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 the authority with such officers and employees, as it may deem fit."

The ordinance has garnered significant controversy within hours of being passed. It has been argued that the ordinance is in teeth of the recent Constitution judge bench of the Supreme Court in which it had been held that the LG was to be bound by the decision of Delhi government over services, apart from public order, police and land.

The bench comprising Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha had held that if services were excluded from the legislative and executive domain of GNCTD,  the Ministers and the Executive who were in charge of formulating policies in the territory of NCTD would be excluded from controlling the civil service officers who implement such executive decisions.

The judgement had held that–

"Under Entry 41 List 2, the Lieutenant Governor shall be bound by the decisions of GNCTD on services as explained above. To clarify, any reference to Lieutenant Governor over Services excluding services relating to public order, Police and land in relevant rules shall mean Lieutenant Governor acting on behalf of NCTD."

However, the ordinance states quite the opposite and provides–

"Notwithstanding anything contained in any judgement, 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 of India or any matter connected therewith or incidental thereto."

Click Here To Read Ordinance