Days after SC verdict, Union Govt brings Ordinance on services for administration reaffirming LG as Delhi’s boss

New Delhi: The Central Government on May 19 sprang a surprise and established the National Capital Service Authority through an Ordinance which can make recommendations to the Delhi Lieutenant Governor on matters concerning transfer posting, vigilance and other incidental matters.

The setting up of a permanent body comes days after a Supreme Court order. The centre’s decision will yet again give back the administrative powers to the Lt Governor.

“A permanent authority headed by the Delhi Chief Minister is being introduced to make recommendations to the Lt Governor regarding matters concerning transfer posting, vigilance and other incidental matters,” an official source said.

The formation of the new authority makes it clear that the Lt Governor will now yet again have the final say and the necessary power to differ with the decision of the proposed authority on services matters and also posting. The Lt Governor can also send back files for reconsideration.

The new authority will consist of the Delhi Chief Minister, Delhi chief secretary and the principal home secretary of the Government of National Capital Territory of Delhi. All matters will be decided by the majority of votes of the members present and voting. Thus, there is also a possibility that in matters when two bureaucrats vote together, the Delhi Chief Minister may end up becoming a minority in the panel.

“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),” a Government order said.

The Ordinance said that “there shall be an authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it”.

The principal Home Secretary, Delhi Government will be the member secretary to the authority, “The Central Government, in consultation with authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit….

“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 Government order read.

Delhi BJP president Virendra Sachdeva welcomed the Ordinance.

“This Government of Arvind Kejriwal is not only corrupt. Some of its actions have shamed all. Last one week, the manner Arvind Kejriwal Government has been functioning, it was unbecoming. And so the Ordinance has been brought, and the BJP Delhi unit welcomes the same,” Virendra Sachdeva said.

He pointed out that as Delhi is a national capital, it houses high commissions and embassies of all countries, and so everyone should keep it in mind that Delhi as a national capital has prestige and honour.

The Supreme Court on May 11 had given the control of bureaucrats working with the Delhi Government, excluding those related to police, public order and land, under the elected Government.

The Government of Delhi also called the Government of the National Capital Territory of Delhi (GNCTD), is the governing body of the Union Territory of Delhi, whose urban area is the seat of the Government of India.

Union Territories are governed by the Union Government. There are a few exceptions, such as Delhi and Puducherry, which have their own elected Governments with some limitations.

Delhi has a legislature, and it consists of 70 members. The legislative assembly was created in the year of 1993 after the Constitution (Sixty-ninth Amendment) Act 1991 came into force.

The Union Territory of Delhi was subsequently made the National Capital Territory of Delhi.