Days after the Supreme Court ruled that Delhi Government had executive power over services, including the Indian Administrative Service (IAS), the Union Government on May 19 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.
“A permanent authority headed by the democratically elected Chief Minister of Delhi along with Chief Secretary, Government of National Capital Territory of Delhi (GNCTD) the head of the administration representing the will of the officers of GNCTD and the Principal Secretary Home, GNCTD is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters. This would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in administration of the capital by giving purposeful meaning to the manifestation of democratic will of people reposed both in the Central Government as well as the GNCTD,” the order reads.
The order further reads, “Delhi being the Capital of India had been administered by the President of India directly. A sui generis status was, however, conferred upon Delhi whereby it was retained as Union territory but with legislature. Delhi is the capital city of the nation, the Constitution retained certain exclusive and plenary jurisdiction in the Parliament while incorporating Article 239 A in general and Article 239A.A[3](b] read with Article 239A(7] in particular. Several important National and international institutions and authorities like the President, the Parliament, the Supreme Court. etc. and Various constitutional functionaries, etc., as well as all foreign diplomatic missions, international agencies, etc., are located in Delhi. It is also a place to which high dignitaries from other nations pay official visits frequently and it is in the national interest that the highest possible standards should be maintained in the administration and governance of the national capital. Any decision taken or any event in the capital of the nation not only aflects the residents of the national capital but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum.
“The national capital belongs to the entire nation and the entire nation is vitally interested in the governance of the national capital. It is in the larger national interest that the people of entire country have some role in the administration of the national capital through the democratically elected Central Government,” the order reads.
“In view of its special status as a national capital, a scheme of administration has to be formulated by Parliamentary 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 Goverment of National Capital Territory of Delhi,” the order further reads.
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