The Arvind Kejriwal-led Delhi government on Friday approached the Supreme Court challenging the constitutionality of the Centre’s ordinance on control of services. In its petition, the AAP has deemed the ordinance as “unconstitutional” and sought an interim stay on its implementation.
According to the petition accessed by CNN-News18, the Delhi government has argued stating that the “ordinance violates the federal, democratic governance entrenched for Delhi.”
It asserts that it is “an abuse of ordinance-making powers vested with the Centre under Article 123 of the Constitution.”
“The impugned ordinance destroys the scheme of federal, Westminster-style democratic governance that is constitutionally guaranteed for the National Capital Territory of Delhi (NCTD) in Article 239AA,” the plea filed through advocate Shadan Farasat stated.
It said under the scheme of Article 239AA, the Lieutenant Governor (LG) enjoys discretion only in matters falling outside the GNCTD’s legislative and executive domain and in all other matters (including ‘Services’) is bound by the aid and advice of the Council of Ministers.
The Aam Aadmi Party has strongly criticised the central government for issuing an ordinance to establish a National Capital Civil Service Authority and labeled the move as a “contempt of court.”
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi. The AAP government has been calling it a deception with the Supreme Court verdict on control of services.
The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
Transfer and postings of all officers of the Delhi government were under the executive control of the LG before the May 11 top court verdict.
Given the frequent conflicts between the AAP government and the lieutenant governor, who represents the Centre, the Supreme Court emphasised the importance of an elected government having control over bureaucrats. It stated that without such control, the principle of collective responsibility would be negatively impacted.
Earlier in the day, the AAP announced that Kejriwal would lead the burning of copies of the Centre’s ordinance at the party office in ITO on July 3. However, later it said that Kejriwal and the senior leadership of AAP will not participate in the protests and agitations against the ordinance as the matter is now sub-judice in the Supreme Court.
The party had previously organised a massive rally against the ordinance on June 11.
“Then on July 5, the copies of the ordinance will be burned across all 70 parliamentary constituencies. Between July 6 and July 13, the copies of the ordinance will be set on fire at every nook and corner of Delhi. The seven vice presidents will ensure that they are burned in every area of Delhi,” AAP chief spokesperson Saurabh Bhardwaj had said and also accused the Centre of attempting to gain “illegal” control over Delhi through this “black ordinance.”
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