A recent Supreme Court order gave the elected government the power to appoint bureaucrats in all but a few departments, the ruling Aam Aadmi Party (AAP) said on Friday, while the BJP applauded the move.
The decision was made hours after chief minister Arvind Kejriwal stated that there were rumors that the Union government would introduce an ordinance to overturn the May 11 verdict.
Education minister Atishi later stated that the ordinance violated the Supreme Court’s authority. “The Centre’s ordinance is an evident violation of the Supreme Court Constitution Bench’s ruling that the elected government should have decision-making authority (regarding services matters). In a statement, Atishi explained that the central government introduced the ordinance out of fear that the authority would fall into the hands of Chief Minister Arvind Kejriwal’s government.
She added, “It is evident that the central government is afraid of Arvind Kejriwal and the Supreme Court’s ruling, which is why they have introduced this ordinance in defiance of the Supreme Court.”
The Constitution bench of the apex court ruled on 11 May that officers working in all departments other than those relating to public order, land, and police fell under the administrative and legislative control of the Delhi government, putting an end to a dispute that began with a notification issued by the Union government eight years ago and resulted in a lengthy court battle with conflicting verdicts.
However, Friday’s ordinance nullified the ruling.
“The central government has seized the services-related authority granted to the elected government of Delhi by the Supreme Court’s Constitution bench. The people of Delhi re-elected Arvind Kejriwal for a third time, but the Centre asserts that the imposed lieutenant governor will have transfer and assignment rights, giving him control over every aspect of government. This is an affront to the Supreme Court, said Delhi’s minister of services, Saurabh Bharadwaj.
The ordinance was criticized by senior Congress leader Abhishek Singhvi, who represented the Delhi government before the apex court. “Clearly, this is the act of a vile, impoverished, and ungraceful loser. It is unlikely that constitutional principles can be weakened by ordinances or laws. Greater uncertainty exists as to whether Parliament as a whole will ratify it,” he added.
The leader of the BJP in Delhi, Virendra Sachcdeva, stated that his party applauds the decision made by the Centre.
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“Delhi is the nation’s capital, the whole of India has jurisdiction over it, and the Arvind Kejriwal administration has long harmed the administrative dignity of Delhi. The corruption of this government has also caused a great deal of embarrassment for Delhi, and given the manner in which the government of Arvind Kejriwal has attempted to defame the administration of Delhi and act arbitrarily over the past week, the BJP endorses the ordinance,” said Sachdeva.
Previously, Kejriwal had expressed concern over the potential promulgation of an ordinance.
“I pray these rumors are unfounded. If true, this would be a grave betrayal of the people of Delhi and the nation. The decision was rendered by the Supreme Court’s constitution chamber, and it must be respected by all. “After many years, the people of Delhi have received justice, and they are pleased that the government they elected will be able to work for them,” Kejriwal stated.
He spoke after meeting with the LG, whom the AAP claimed was dragging his feet in authorizing a file removing Ashish More as services secretary.
The impasse, which began hours after the court’s ruling on 11 May, when the Delhi government ordered More’s removal, lasted for nine days.
Friday evening, ministers demonstrated at the office of the LG. Later, lead by Kejriwal, they participated in a videotaped meeting with the LG.
“I asked the LG when he will approve the services secretary’s file for transfer. The LG stated he will send it…I am hopeful that the LG will submit the file in a timely manner, as the position of services secretary is crucial to the administrative reorganization we wish to implement. Therefore, the services secretary must be replaced, Kejriwal stated after the meeting.
The LG signed the order to replace More with AK Singh on Friday evening.
The ordinance then added another element to the story.