Centre Brings Ordinance Giving Control Of 'Services' Back To Delhi LG Days After SC Order

The Delhi government was given executive power in services matters, including the transfer and posting of officers, by the Supreme Court last week.

Days after the Supreme Court ruled that Delhi government had executive power over "services", including the Indian Administrative Service (IAS), 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 of the Delhi Chief Minister, Chief Secretary and Home Secretary of 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.

READ | AAP vs L-G: Supreme Court Rules Delhi Govt Has Control Over 'Services' Except Public Order And Land

The development comes hours after Delhi Chief Minister Arvind Kejriwal asked whether the Centre was "conspiring" to reverse through an ordinance the Supreme Court verdict.

Kejriwal's tweet came after AAP accused Lieutenant Governor VK Saxena of delaying in clearing the file pertaining to the transfer of services secretary Ashish More.

"Why is LG sir not obeying the SC order? Why hasn't the file pertaining to Services Secretary been signed for two days? It is being said that the Centre is going to reverse the SC order by bringing an ordinance next week? Is the Centre conspiring to overturn the SC order? Is LG sir waiting for the ordinance and that's why he is not signing the file?" Kejriwal tweeted.

More was transferred hours after the Supreme Court on May 11 put the control of bureaucrats working with the Delhi government  under the elected government. 

In an 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.