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    BJP justifies ordinance that overturned SC verdict in favour of Delhi govt; AAP says murder of democracy


    A day after the Centre promulgated an Ordinance seen as a bid to nullify last week’s ruling by the Supreme Court Constitution bench that handed over reins of “services” to the Delhi government, the BJP sought to justify the urgency of the move even as AAP termed it a murder of democracy and the Constitution.

    The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 creates a National Capital Civil Service Authority that will have the power to recommend transfer and posting of all Group A officers and officers of DANICS serving in Delhi. It will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home, and “all matters required to be decided by the authority shall be decided by majority of votes of the members present and voting”.

    It gives more teeth to the Delhi L-G not only in terms of transfer-posting of officials and vigilance matters related to them but also in terms of sweeping powers to the Secretary of the Department to the Council of Ministers. In case the L-G differed with the recommendation made by the authority, the ordinance said, they were empowered to “return the recommendation to the Authority for reconsideration” and, in case of difference of opinion, “the decision of the Lieutenant Governor shall be final”.

    The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 creates a National Capital Civil Service Authority that will have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.

    The authority is chaired by the Delhi Chief Minister and includes the Chief Secretary and the Principal Secretary, Home, in matters related to the transfers, postings and oversight of their conduct falling under the purview of vigilance effectively meaning that two bureaucrats, appointed by the Centre, could over-rule the elected CM on such decisions.

    On Saturday, North East Delhi BJP MP Manoj Tiwari in a press conference on the matter said, “As a Member of Parliament, as a legislator, I want to assure the people of Delhi that this Ordinance is based on the foundation of the Supreme Court’s decision.”

    “A question may arise as to why the next session of Parliament was not waited for to bring in legislation — but the answer for that lies in the daily anarchy that this government began indulging in; its efforts to shunt officers who were investigating its corruption,” Tiwari added.

    “I want to reiterate that this ordinance is just a part of the Honourable Supreme Court’s judgment on services, in exercise of the alternative that it provided to the centre regarding the governance of Delhi; it is just that the next session of Parliament is some time away; who knows what these people might have done till the Parliament held its next sitting,” Tiwari said.

    “Given this situation and the fact that Delhi needed to be governed in accordance with the law till the Parliament got in session again, this ordinance was necessary,” he added.

    Meanwhile, AAP minister Atishi termed the ordinance as an attempt to unconstitutionally snatch the powers given to the Delhi government by the Constitution bench of the Supreme Court on May 11.

    A day after the Centre promulgated an Ordinance seen as a bid to nullify last week’s ruling by the Supreme Court Constitution bench that handed over reins of “services” to the Delhi government, the BJP sought to justify the urgency of the move even as AAP termed it a murder of democracy and the Constitution.

    The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 creates a National Capital Civil Service Authority that will have the power to recommend transfer and posting of all Group A officers and officers of DANICS serving in Delhi. It will be chaired by the Delhi Chief Minister and will include the Chief Secretary and the Principal Secretary, Home, and “all matters required to be decided by the authority shall be decided by majority of votes of the members present and voting”.

    It gives more teeth to the Delhi L-G not only in terms of transfer-posting of officials and vigilance matters related to them but also in terms of sweeping powers to the Secretary of the Department to the Council of Ministers. In case the L-G differed with the recommendation made by the authority, the ordinance said, they were empowered to “return the recommendation to the Authority for reconsideration” and, in case of difference of opinion, “the decision of the Lieutenant Governor shall be final”.

    Northeast Delhi BJP MP Manoj Tiwari said in a press conference Saturday, “As a Member of Parliament, as a legislator, I want to assure the people of Delhi that this Ordinance is based on the foundation of the Supreme Court’s decision. A question may arise as to why the next session of Parliament was not waited for to bring in legislation — but the answer for that lies in the daily anarchy that this government began indulging in; its efforts to shunt officers who were investigating its corruption.”

    “I want to reiterate that this Ordinance is just a part of the Honourable Supreme Court’s judgment on services, in exercise of the alternative that it provided to the Centre regarding governance of Delhi… who knows what these people might have done till the Parliament held its next sitting,” Tiwari added.

    Meanwhile, AAP minister Atishi termed the Ordinance an attempt to “unconstitutionally snatch” the powers given to the Delhi government by the SC bench.
    “The Centre, BJP and PM Narendra Modi couldn’t tolerate the fact that the SC bestowed power on Arvind Kejriwal to work at 10 times the speed required for development of the city,” she alleged.
    “PM Modi started getting nightmares featuring Arvind Kejriwal… He feared what Kejriwal could accomplish with more power, given the fact that he has already achieved what he has in the last 8 years despite the obstacles in his way,” she also alleged.

    She further alleged that the Centre was aware that the Ordinance “will be struck down by the Supreme Court instantly” and that is why “it waited patiently till yesterday (Friday), the eve of the SC proceeding on a vacation for six weeks, to bring it into effect”.
    AAP’s Rajya Sabha MP Sanjay Singh said the BJP bringing an Ordinance within days meant it and the Modi government don’t agree with the SC verdict, the Constitution Bench, law and Constitution.

    In response, Leader of Opposition in the Delhi Assembly Ramvir Singh Bidhuri alleged that the behaviour of Kejriwal and AAP leaders and ministers following the SC decision was “not appropriate”. “Kejriwal should focus on working for the development of Delhi and stop doing petty politics,” he said.

    Delhi BJP president Virendra Sachdeva asked why the CM was “getting nervous” when he was at the helm of the Authority. “It seems Kejriwal knows the arbitrary decisions he wants to take are not possible while the officers are present in the administrative authority,” he alleged.



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