New Delhi: With the Centre’s ordinance Friday evening giving a bigger say to the Delhi Lieutenant Governor (L-G) on issues associated to posting and switch of bureaucrats, drafting of insurance policies and making certain supply of public companies, AAP leaders have alleged the transfer will outcome within the Capital being diminished to a “mere Union territory”.
Whereas Delhi is a Union territory, it’s one among solely two — alongside Puducherry — to have its personal elected authorities and legislature.
“It’s a step in the direction of lowering Delhi right into a mere Union Territory (UT), whereas the L-G stays the important thing particular person,” AAP MP Sandeep Pathak instructed ThePrint.
The ordinance paves the way in which to kind a ‘Nationwide Capital Civil Service Authority (NCCSA)’, a three-member authority that can be headed by the chief minister, however may have two Centre-appointed officers — the Delhi chief secretary and principal secretary, house division — as members.
The NCCSA has been tasked with giving suggestions to the L-G on issues regarding transfers and vigilance, amongst others, based mostly on the vast majority of votes.
The ordinance empowers the L-G to return the suggestions to the NCCSA for reconsideration. Additional, the L-G may have the ultimate say in circumstances the place a distinction of opinion might come up.
In keeping with the ordinance, the NCCSA may even make suggestions in reference to insurance policies, resembling making certain “effectiveness” in supply of public companies and “good governance”.
“You can’t cut back the elected chief minister’s place within the authority as a minority member, whereas additional giving the L-G the ability to vary with any suggestion,” Pathak mentioned.
The ordinance, he claimed, emboldens bureaucrats working underneath the Delhi authorities, whereas the elected authorities’s illustration stays minimal.
He added that the Centre’s ordinance — the Authorities of Nationwide Capital Territory of Delhi (Modification) Ordinance, 2023 — not solely limits the federal government’s management over transfers, but additionally over implementing insurance policies and schemes.
Senior AAP chief Saurabh Bhardwaj mentioned there “is little question {that a} substantial chunk of energy has been taken away from the elected authorities, greater than earlier than”.
“The elected authorities is now like an NGO, which stays accountable to the individuals of Delhi,” he added.
The Delhi BJP, nonetheless, has maintained that the ordinance was vital to keep up the “dignity of Delhi”.
Delhi BJP president Virendra Sachdeva mentioned in an announcement, “Delhi is the capital of the nation, the entire of India has a proper over it and for fairly a while the executive dignity of Delhi has been damage by the native Arvind Kejriwal authorities.”
He added, “Ambassadors of each nation on the planet reside in Delhi, and no matter administrative mishappenings occur right here, the dignity of India will get tarnished all around the world.”
What consultants say
Authorized consultants are divided over the import of the ordinance, and what it means for the elected authorities.
Faizan Mustafa, a constitutional skilled, mentioned it’s unlikely that the ordinance can be struck down, however the notion it creates is one “that isn’t good for decentralisation”.
“The ordinance disagrees with the Supreme Court docket and believes that UTs are homogenous and that Delhi, despite its meeting, doesn’t develop into a sui generis,” he added. “And that is for causes resembling Delhi being the nationwide capital, and that it homes embassies of different nations, amongst others.”
Arghya Sengupta, founder and analysis director at Vidhi Centre of Authorized Coverage, mentioned the ordinance has extra to do with the transfers and posting of bureaucrats, and the part on coverage issues should even be learn in the identical vein.
“It could be an entire travesty if this ordinance is learn as giving the NCCSA full management over all day-to-day issues,” he added. “For my part, this ordinance has to do with bureaucrats, and their postings.”
Additionally Learn: Why Delhi L-G’s approval of recent companies secretary ‘received’t profit’ elected govt