The Centre on Saturday moved Supreme Court seeking a review of the May 11 Constitution bench judgment where the apex court held that the Delhi government has “legislative and executive power over services” in the national capital, news agency ANI reported. This comes after the Centre brought an ordinance yesterday to create 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 Centre on Friday brought an ordinance making the Lieutenant Governor the final arbiter in the matter. A 'National Capital Service Authority' has been established through an ordinance to make recommendations to the Delhi Lieutenant Governor regarding matters concerning transfer posting, vigilance, and other incidental matters.
The body will comprise the Delhi Chief Minister, Chief Secretary, and Home Secretary of the Delhi government. "Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final," the order read.
"In view of its special status as a national capital, a scheme of administration has to be formulated by law, to balance both local and national democratic interests which are at stake, which would reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of National Capital Territory of Delhi (GNCTD)," the government order read.
"A permanent authority headed by the Delhi chief minister is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters," it further said.
In a unanimous verdict, a five-judge Constitution bench headed by Chief Justice DY Chandrachud said the Lieutenant Governor (L-G) was bound by the decision of Delhi government over services apart from public order, police, and land.