The Centre has promulgated an ordinance to create a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
The ordinance, which was promulgated on Friday, came a week after the Supreme Court handed over the control of services in Delhi to the elected government, excluding those related to police, public order and land, reports PTI.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, is being seen as an attempt by the Centre to circumvent last week's ruling by a Constitution Bench of the Supreme Court that handed over the reins of “services” to the Delhi Government.
The court had then underlined the importance of the people's mandate in a democracy expressed through an elected government, reports The Indian Express.
Earlier on Friday, Delhi Chief Minister Arvind Kejriwal alleged the Centre was planning to bring an ordinance to overturn the apex court verdict.
CM part of authority
The ordinance said that "there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it".
The authority will comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who will be the member secretary to the authority, it said.
"All matters required to be decided by the authority shall be decided by majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary," the ordinance said.
RS numbers hold the key
The ordinance will have to be passed in both the houses of Parliament. The BJP is short on numbers in the Rajya Sabha, where Opposition parties could get together on the issue.
The National Capital Civil Service Authority will meet at a time and place as the member secretary decides with the approval of the chairperson of the authority, as and when required, it said.
"The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit....
"Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A' officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter," it read.
AAP calls it 'deception'
Delhi's ruling AAP called the ordinance a "deception". Public Works Department (PWD) Minister Atishi said the Centre's ordinance is a "clear cut case of contempt of court".
"The Modi government has gone against the unanimous decision of the Supreme Court's constitution bench. The court had directed that the elected government be given powers to take decisions independently, as per its will, as per the principles of democracy," she said.
"But the Centre's ordinance is a reflection of the Modi government being a graceless loser. The Centre's sole motive to bring this ordinance is to snatch powers from the Kejriwal government," she said.
'Modi govt fears Kejriwal'
Alleging that the Centre does not care for the people's mandate or for the directive of the apex court, Atishi said it will bypass the elected government of Delhi.
"It is clear that the Modi government fears Chief Minister Arvind Kejriwal. We vehemently condemn this cowardly act of the Centre," she said.
AAP chief spokesperson and Services Minister Saurabh Bharadwaj said the Centre has "deceived" the people of Delhi.
"This has never happened in the history of the country. This is deception committed with the Supreme Court and the people of Delhi who have chosen Kejriwal thrice as the CM.
'Contempt of court'
"He doesn't have any powers but the LG, who has not even been chosen but forced upon people, will have powers and through him, the Centre will keep tabs on the work being done in Delhi. This is contempt of court," he said.
Abhishek Singhvi, who is the Delhi government's counsel in the services matter, said the new ordinance needs a close examination.
"The new ordinance re #NCT wl hv to be closely examined. But clearly, it is the act of a bad, poor & graceless loser. Doubtful if ctal principles cn be diluted by ordinances/acts. Greater doubt whether parl as a whole wl at all approve it. #LG #NCT #homeministry #goi #bjp (sic)," Singhvi, a Congress leader, said in a tweet.