Centre’s ordinance on Delhi ‘unconstitutional’, shows Modi scared, says AAP

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 matter.

Delhi minister Atishi told the media that the Centre deliberately chose to bring the ordinance 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.

Also read: Delhi: Centre issues big ordinance on postings, transfers; AAP says it defies SC order

Atishi said the 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.

Ordinance ‘anti-people’

Even if Delhi’s people voted for Kejriwal, this ordinance effectively says that he will not run Delhi, she said. The ordinance is “unconstitutional” and will be struck down by the Supreme Court, she said. The Supreme Court has closed for vacation for six weeks.

#WATCH | Delhi Minister Atishi says, “The Supreme Court order meant that if the people of Delhi elected Arvind Kejriwal, decision-making power lies with him. That is what the Constitution says. Barring the issues of land, law & order and Police, all decision-making powers are… https://t.co/AXDHP9aBtZ pic.twitter.com/wH7364o08v

— ANI (@ANI) May 20, 2023

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 National Capital Civil Service Authority will have three members — CM as its chairman and chief secretary and principal home secretary as its members. However, it is to be noted that the chief secretary and the principal home secretary will be appointed by the Centre,” she said.

“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, the LG can reverse the decision,” she added.

Also read: Big win for Delhi govt: Control over administrative services rests with state, rules SC

Ordinance and assembly

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.

“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.

(With agency inputs)