The Union government has promulgated an ordinance—The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023—on Friday, May 19th, in an apparent bid to overturn the May 11th Supreme Court verdict that gave the control over “services” to the government of National Capital Territory of Delhi (NCTD). The Union government’s ordinance on Delhi’s governance fuelled a major political upheaval, as the Opposition has alleged that it overrides the apex court’s verdict and decimates federalism.
The Union government’s ordinance on Delhi’s governance apparently gives exclusive power to the lieutenant governor (LG) of the NCTD, who is appointed by the Union, over the city-state’s elected government, a point that the Supreme Court had lambasted. Going against the principle that the executive should be controlled by the legislature in a democracy, the ordinance has allegedly empowered the executive to rule over an elected government.
According to the Union government’s ordinance on Delhi’s governance, a National Capital Civil Services Authority will be formed to recommend the transfers and postings of all “Group A” officers and the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) officers. The chief minister of the city-state shall be the ex-officio chairman of the authority, which will also have the chief secretary and the principal secretary of the NCTD government as members.
All matters related to the postings and transfers of “Group A” and DANICS officers will be handled by this authority, where decisions shall be taken by the majority of votes. In case of any difference in opinion, the decision of the LG shall be considered as final. The city-state’s ruling Aam Aadmi Party (AAP) alleges that this structure will provide the unelected executives and the Union-appointed LG greater powers vis-a-vis the elected city-state government.
Moreover, the Union government’s ordinance on Delhi governance also curbs the Council of Ministers’ power. It’s stated that the LG will be the “administrator” of the NCTD government acting “in his sole discretion” in matters beyond the purview of the Delhi Assembly. Apart from this, the ordinance has also given sweeping powers to the secretary of the council of ministers. The secretary can send any decision of the council of ministers, if the position holder considers it as not conforming to the law, to the LG for a decision on it.
Apparently, Prime Minister Narendra Modi’s Bharatiya Janata Party’s (BJP) government promulgated this ordinance on Friday as the Supreme Court will go for a six-week-long summer vacation from the weekend. This reduces the scope for the AAP-led city-state government from approaching the apex court on what appears as a gross violation of its remarkable judgement. Moreover, experts have commented that as the ordinance, which is not a law passed by the Parliament, brazenly violates the Supreme Court’s verdict, it may create a constitutional crisis with far-reaching impacts.
