20-05-2023 : In a scathing attack on the Bharatiya Janata Party-led Centre, Arvind Kejriwal, the Chief Minister of Delhi and national convenor of the Aam Aadmi Party, condemned the recently passed ordinance on the control of services as “undemocratic and illegal.” He accused the Centre of attacking the basic structure of the Constitution and deliberately waiting for the Supreme Court to close for the day before introducing the ordinance.
During a press conference, Kejriwal expressed his disappointment with the timing of the ordinance, stating, “For a government to run efficiently, it is very important that officers come under the control of the elected government, as noted by the court. On Friday, the Supreme Court closed at 4 pm, and the BJP brought the ordinance at 10 pm on the same day.”
Kejriwal described the ordinance as a “disgusting joke” against democracy, the people of the country, and the two crore residents of Delhi. He alleged that the Centre had decided to introduce the ordinance immediately after the court’s judgment to circumvent its ruling.
Highlighting the sequence of events, Kejriwal pointed out that after the court’s order, the services secretary became unreachable and even switched off his mobile. Subsequently, the Chief Secretary also became unreachable, resulting in a three-day delay in the meeting of the Civil Services Board. Furthermore, when the proposal was finally sent to the Lieutenant Governor (LG), it was held up for another two days. Kejriwal claimed that the Centre intentionally waited for the court’s holiday to bring the ordinance, as they were aware that it was undemocratic, illegal, and against the Constitution. He expressed his intention to challenge the ordinance in court when it opens on July 1.
Kejriwal accused the BJP-led Centre of directly challenging the authority of the Supreme Court, describing it as an insult and clear contempt of court. He emphasized that the people of Delhi had given a majority to the Aam Aadmi Party three times, but the Centre repeatedly obstructed their governance. Despite such obstacles, he vowed to continue the development work and safeguard democracy. Kejriwal announced plans to organize a large rally in Delhi and claimed that the public’s reaction indicated that the BJP would not win a single seat in Delhi in the 2024 Lok Sabha elections.
Calling upon opposition parties to oppose the ordinance in the Rajya Sabha, Kejriwal expressed his determination to personally discuss the matter with all opposition leaders. He stated that no law should be allowed to destroy democracy or attack the basic structure of the Constitution. He regarded the situation as a battle between the Supreme Court and the Central Government.
The Union government introduced an ordinance on the Government of National Capital Territory of Delhi (GNCTD), which notified rules regarding the transfer, posting, vigilance, and other incidental matters. The ordinance seeks to amend the Government of National Capital Territory of Delhi Act, 1991, and circumvents the Supreme Court’s judgment in the Centre vs. Delhi case.
For the first time, the ordinance establishes a National Capital Civil Service Authority (NCCSA) responsible for recommending the transfer and posting of all Group A and DANICS officers serving in Delhi. The NCCSA will be headed by the Chief Minister of Delhi, with the Chief Secretary and Principal Home Secretary of Delhi as the other two members.
The ordinance names the Lieutenant Governor (LG) as Delhi’s administrator and gives him final authority over all postings and transfers involving officials working for the Delhi government. This action effectively overturns the Constitution bench ruling that gave the AAP administration the authority to enact laws and exercise