The AAP on Saturday said the Centre’s ordinance on transfer of bureaucrats in the national capital is "unconstitutional” and a move to snatch the power given to the Delhi government by the Supreme Court on services matters.
Speaking at a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation.
The Centre promulgated an ordinance on Friday to create a National Capital Civil Service Authority for transfer of and disciplinary proceedings against IAS and DANICS cadre officers. This came a week after the Supreme Court handed over the control of services, excluding those related to police, public order and land, to the elected government in Delhi. Atishi said the Centre’s ordinance shows that "Prime Minister Narendra Modi is scared of Chief Minister Arvind Kejriwal” and the power of honest politics.
"They are scared that if he (Kejriwal) gets power, he will do extraordinary work for Delhi. The ordinance is an attempt to snatch the power given to the AAP dispensation by the apex court on May 11. It is the murder of democracy and the Constitution,” she said.
Even if Delhi’s people voted for Kejriwal, this ordinance says he will not run Delhi, the minister said. The ordinance is "unconstitutional” and will be struck down by the Supreme Court, she said.
"The Centre deliberately chose to bring this ordinance yesterday night. The Supreme Court has closed for vacation for six weeks and this is a deliberate attempt to hamper work,” she charged.
Atishi said the Supreme Court gave the powers to the Delhi government after an eight-year-long battle. "But the Centre could not tolerate this. The ordinance provides for the creation of a National Capital Civil Service Authority with three members — CM as its chairman and chief secretary and principal home secretary as its members. But it is to be noted that the chief secretary and the principal home secretary will be appointed by the Centre. "The authority will take decisions on the basis of majority. That means decisions will be taken by the Centre’s bureaucrats. If it takes any decision that the Centre doesn’t like, then the LG will have the power to reverse the decision,” she said.
Atishi underlined that the ordinance makes it clear that the Delhi Vidhan Sabha does not have any power to make laws related to services. Senior AAP leader and Rajya Sabha member Sanjay Singh also lashed out at the Centre over the ordinance, saying it does not want the Kejriwal government in Delhi to function.
"The Centre doesn’t follow the court orders and it doesn’t care about what the Constitution says. It disregarded a court order by bringing the ordinance to give the control of services back to the LG,” Singh said at a separate press conference.
"The Centre only wants dictatorship. It does not believe in the Constitution or laws of the country and this is why it brought the ordinance. This matter will definitely go to court,” he said.
The National Capital Civil Service Authority will comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who will be the member secretary to the authority.
"Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A’ officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter,” the ordinance read.
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