Centre Introduces An Ordinance On Officer Postings In Spite Of The Supreme Court’s Judgement

The recent Supreme Court order that had given the Delhi government control over officers dealing with matters other than public order, police, and the land was invalidated on Friday by the Centre, which also gave the lieutenant governor supervisory authority over the entire officer cadre in the National Capital Territory.

National Capital Civil Service Authority

A National Capital Civil Service Authority has been established by the Government of NCT of Delhi (Amendment) Ordinance, 2023, to handle officer postings, transfers, and service conditions. The Delhi chief minister will preside over the committee in an official capacity, but the chief secretary and principal home secretary will also serve as ex-officio members with equal voting rights. Any disagreements must be brought to the LG, whose decision is final.

The chief secretary and principal home secretary can be anticipated to be more sensitive to the sensitivities of the central regime because they are central service employees, over whom the centre has disciplinary power.

In accordance with the ordinance, “The Authority shall have a responsibility to recommend transfer and postings of all Group A officers and officers of DANICS serving in Delhi, but excluding officers serving in connection with entries 1, 2, and 18 of List II of the 7th Schedule and entries 64–66 if they relate to entries 1, 2, and 18.” ” The Authority is responsible for recommending changes to LG, who may request pertinent information on Group A officers. If LG disagrees with the authority’s advice, LG may return the file along with written justifications. In the event of a disagreement, LG’s decision is final.

When was the alliance passed?

The ordinance was passed at a time when the AAP administration was celebrating its victory in the Supreme Court regarding who would control services—the Delhi government or the Centre acting through the LG—and it seemed to be vehemently making its point by using the stick against specific personnel. They should cancel the festivities as a result of the centre’s response, with a good chance that demonstrations will start. In what appears to be a response to the SC order, it signalled its intention to exert control over services in Delhi by emphasising in the ordinance the need to balance Delhi’s democratically elected government’s rights with the fact that it serves as the nation’s capital and home to numerous national and international institutions.

‘Ordinance in the larger national interest’

The country’s reputation, among other things, could be affected by the judgements made, according to the report.

The ordinance acknowledged the Supreme Court’s ruling that the Delhi government should be given control over certain services because it was democratically elected, but it asserted that in the case of the national capital, this needed to be balanced by the democratic will of the entire country as expressed and exercised through Parliament.

Also read: Congress’ Chidambaram Slams Government, Says “Rs 2,000 Was a Band-Aid For Foolish Decision”

“The entire nation is vitally engaged in the governance of the national capital because the national capital belongs to the entire nation. The management of the national capital by the democratically elected central government is in the interest of the entire nation, according to the legislation.