Ordinance gives overriding powers to LG in Delhi, AAP to challenge move in SC

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Arvind Kejriwal. File photo: Manorama

New Delhi: The Central government's ordinance giving overriding powers to Lieutenant Governor (LG) of Delhi to oversee the transfer, posting and disciplinary proceedings against civil servants in Delhi has invited severe criticism.

Meanwhile, the Centre has moved the Supreme Court seeking review of its May 11 verdict which held that the Delhi government has legislative and executive powers over the administration of services except for public order, police and land.

A five-judge constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, had put an end to the dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other Union Territories and has been "accorded a 'sui generis' (unique) status" by the Constitution.
The ordinance, which came a week after the apex 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.

AAP to challenge ordinance in court

The AAP government will challenge in the Supreme Court the Centre's ordinance related to transfer and posting of officers in Delhi, Chief Minister Arvind Kejriwal said on Saturday and called the move "unconstitutional" and against democracy.

He charged that the Centre has entered into a direct confrontation with the Supreme Court over the issue of control over services matter as the ordinance "overturns" its verdict giving control to the elected government in Delhi over services matter.

"The Centre's ordinance on services matter is unconstitutional and against democracy. We will approach SC against it. The Centre brought the ordinance to overturn the SC verdict on services matter just hours after the apex court has shut for vacation," he told a press conference.

It is a direct contempt of the apex court, he charged.

The chief minister alleged that the BJP-led Centre wanted to obstruct his government's work.

Calling the ordinance an attack on the federal structure, he said he will meet leaders of various parties to ensure the related bill is not passed by Rajya Sabha.

"We will go to people to talk about this and also organise a maha rally against this," he said.

(With PTI inputs.)

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