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regular-article-logo Sunday, 29 September 2024

Delhi Services Minister Atishi challenges Chief Secretary's defiance on executive control over 'Services'

The disagreement arised from 2015 notification delegating powers to Lieutenant Governor

Our Web Desk New Delhi Published 25.08.23, 08:33 PM
Delhi Services Minister Atishi

Delhi Services Minister Atishi File Picture

Delhi Services Minister Atishi has issued a strong response to Chief Secretary Naresh Kumar's refusal to comply with the orders of the Delhi Government, urging Lieutenant Governor Vinay Saxena to reconsider the matter. Atishi's letter underscores the provisions of the GNCTD (Amendment) Act, 2023, which grant specific powers to the Lieutenant Governor in relation to services, based on recommendations from the National Capital Civil Services Authority.

In the face of Chief Secretary Naresh Kumar's stance, Atishi points out that legislative powers vested in the Delhi Government support their authority over 'Services'. Atishi's letter highlights the apex court's affirmation that the Government of the National Capital Territory of Delhi (GNCTD) possesses both legislative and executive powers concerning services.

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The disagreement stems from the Union Home Ministry's notification dated May 21, 2015, which delegated powers to the Hon'ble Lieutenant Governor in matters related to 'Land', 'Police', 'Public Order', and 'Services'. However, the Supreme Court's unanimous ruling on May 11, 2023, established that GNCTD's executive power aligns with its legislative power and extends to all areas within its legislative authority.

Notably, the GNCTD (Amendment) Act, 2023, grants specific powers to the LG concerning services, subject to the National Capital Civil Services Authority's recommendations. With the removal of Section 3A from the GNCTD Act, executive control over matters related to 'Services' rests with the elected Government of Delhi, as affirmed by Atishi's letter to the Lieutenant Governor.

Atishi's correspondence also addresses Chief Secretary Naresh Kumar's interpretation of Section 45J(5) of the GNCTD Amendment Act, which asserts the Central Government's and Lieutenant Governor's control over 'Services' and 'Vigilance'. Atishi's letter firmly rebuts this interpretation, signalling a continuing legal and administrative dispute over executive control in Delhi.

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