Bill to replace Centre’s ordinance on Delhi gets Union Cabinet’s nod

The ordinance set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. It has also given the L-G a final say in any decision made by the Authority.

Kejriwal has said in the past that the ordinance puts bureaucrats above the elected government in the capital, giving them the power to question and flag decisions made by ministers.

An ordinance is promulgated by the President on the recommendation of the Union Cabinet when the Parliament is not in session. However, it is mandatory for the Parliament to adopt a law to replace the ordinance within six weeks of the commencement of the next session.

The Delhi government had gone to the Supreme Court against the ordinance. The apex court, last week, referred the plea to a Constitution Bench.

A three-judge bench presided by Chief Justice of India D Y Chandrachud said there was an “apparent conflict between the two clauses” of Article 239AA “on the nature of law-making power vis-à-vis NCTD’s constitutional structure of governance” and it “needs to be resolved by this court”.

“The power of Parliament to enact a law granting the Union of India executive power over services is not in contention. It is now a settled position of law. However, this court, while deciding the constitutional validity of the 2023 ordinance, must decide if the exercise of such a power is valid,” the Bench said.

AAP, since May, has met leaders of several anti-BJP parties, rallying support against the Bill.