Late on Friday, the Central government promulgated an ordinance to create a National Capital Civil Service Authority that will have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.
This is the latest development in the saga of who has control over bureaucrats in Delhi: the elected government or the Union government-appointed Lieutenant-Governor.
1/2 ordinance drafted by persons blissfully ignorant of law. Power over CS under part 14 of ction, given to NCT by CB, diluted by ord. Federalism, part of basic structure, decimated. Answerability of civil service 2pol executive turned upside down. CM 2preside over own minority!
— Abhishek Singhvi (@DrAMSinghvi) May 19, 2023
Soon after the ordinance was issued, senior Congress leader Abhishek Singhvi, who appeared for the Delhi government in the matter in the Supreme Court, said, “We will have to examine the ordinance. Without going into its merits, it is clear that it is the sign of a poor, bad graceless loser. Whether into what extent constitutional principles can be diluted by the ordinance will have to be examined. Whether Parliament as a whole will at all approve this ordinance is another aspect.”
Singhvi said that the “ordinance (has been) drafted by persons blissfully ignorant of law.” Underlining that the power over the Chief Secretary was given to the Delhi government by the Supreme Court Constitution Bench, he tweeted: “(this was) diluted by ordinance. Federalism, part of basic structure, decimated. Answerability of civil service to political executive turned upside down. CM to preside over own minority!”
Delhi CM Arvind Kejriwal retweeted Singhvi’s posts.
The Delhi ‘services’ verdict of the SC has shaken the government of India enough to promulgate an ordinance.
Will there be an ordinance to legitimise the Illegal state government in Maharashtra next?— Priyanka Chaturvedi🇮🇳 (@priyankac19) May 19, 2023
Shiv Sena (UBT)’s Rajya Sabha MP Priyanka Chaturvedi said the Supreme Court verdict had “shaken” the Central government. “Will there be an ordinance to legitimise the Illegal state government in Maharashtra next?” she asked.
Supreme Court to Government :
Ruled to say :
Hand over reins of “services” to Delhi GovernmentGovernment to Supreme Court :
Promulgated Ordinance to say :If you come in the way
We will still have the final say !— Kapil Sibal (@KapilSibal) May 20, 2023
Former Congress leader and Rajya Sabha MP Kapil Sibal also lashed out at the Centre over the ordinance. “Government to Supreme Court: Promulgated Ordinance to say: If you come in the way, we will still have the final say!” he tweeted.
Reacting to the ordinance, Delhi Education Minister Atishi said, “The Centre has, in the dead of night yesterday, brought this ordinance to murder democracy and the Constitution… This ordinance is an attempt to unconstitutionally snatch the powers given to the Delhi government by the Constitution Bench of the Supreme Court.”
What has been done to Delhi is a travesty & goes against the spirit of cooperative federalism. That said Raghav, it’s a shame the AAP didn’t realise the danger of its actions when it happily sided with the BJP in Aug 2019. J&K was dismembered & reduced to a union territory & the… https://t.co/4fQWYvOIfI
— Omar Abdullah (@OmarAbdullah) May 20, 2023
Senior National Conference leader Omar Abdullah, while slamming the Centre’s move, also reminded AAP of the time when it had sided with the BJP when the Central government had abrogated Article 370 in Jammu and Kashmir. Replying to Raghav Chadha’s tweet on the matter, Abdullah wrote: “What has been done to Delhi is a travesty & goes against the spirit of cooperative federalism. That said Raghav, it’s a shame the AAP didn’t realise the danger of its actions when it happily sided with the BJP in Aug 2019. J&K was dismembered & reduced to a union territory & the people have been disenfranchised for 5 years. Sadly your chickens have come home to roost now.”
The BJP welcomed the Centre’s decision. Leader of Opposition in the Delhi Assembly, Ramvir Singh Bidhuri said, “If bureaucrats are harassed by ministers, and they complain to the LG, who then writes to Chief Minister Arvind Kejriwal over the issue, the CM takes exception to what the LG is saying, instead of taking action. The LG is the administrator of Delhi, he is empowered by the Constitution to do so. After the decision of the Supreme Court, the behaviour of Kejriwal and his leaders was not appropriate at all; Kejriwal should focus on work for the development of Delhi and stop doing petty politics.”