Title: Union Cabinet Approves Ordinance to Control Delhi Government Officials
Date: [Insert Date]
Delhi, India – The Union Cabinet has given its nod to an ordinance aimed at controlling government officials in Delhi, a move that has raised concerns about the power dynamics between the elected government and the lieutenant governor.
The bill, which is expected to be presented in Parliament soon, has garnered attention as the monsoon session is currently underway. However, the exact timeline for its introduction remains unclear.
The decision to introduce this ordinance comes in the wake of a recent Supreme Court ruling, which highlighted that the power to control government officials in Delhi lies solely with the government elected by the people. In response, the central government made amendments to the law, issuing a special provision that grants this power exclusively to the lieutenant governor. While the legality of this provision is still being deliberated in the Supreme Court, the Union Cabinet has granted its approval for the bill.
Political implications may arise as the BJP’s National Democratic Alliance (NDA), which holds a majority in the Lok Sabha, is expected to pass the bill without issues. However, the NDA alliance lacks a majority in the Rajya Sabha. This has resulted in a situation where the ruling party of Odisha, Biju Janata Dal, may need the support of the ruling party of Andhra Pradesh, YSR Congress, in order to secure the passage of the bill. Complicating matters further is the alliance formed by the BJP with Pawan Kalyan, a politician in Andhra Pradesh who opposes the YSR Congress. This presents a potential roadblock to garnering the support of the YSR Congress.
The backdrop of this emergency act stems from frequent clashes between Delhi Chief Minister Arvind Kejriwal’s government and the lieutenant governor. The case was subsequently transferred to the Constitutional Bench of the Supreme Court, led by Chief Justice Chandra Chute, for further investigation.
In its verdict, the Supreme Court upheld that Delhi possesses legislative power despite not having statehood. The court emphasized that power should rest with elected officials, rather than the lieutenant governor, in a democratic country. The ruling confirmed that the Delhi government holds the authority to control civil service officers, with the exception of matters pertaining to public order, police, and land.
Shortly before the court’s decision, President Draupathi Murmu issued an ordinance creating the National Capital Civil Works Commission (NCCSA). This ordinance aimed to amend the National Capital Territory of Delhi Government Act (1991) and override the Supreme Court ruling that affirmed the Delhi government’s power to control civil service officials. It grants the Central Government the authority to recommend appointments and transfers of A Category Officers of the Delhi Government and Delhi Officers of several Union Territories.
However, it should be noted that the administrator of Delhi, the lieutenant governor, retains final decision-making authority in matters related to the appointment and transfer of civil service officers.
As the Union Cabinet’s approval sets the stage for further legislative deliberations, the impact and implications of this ordinance on the power dynamics within Delhi’s governance structure remain to be seen.