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- Arvind Kejriwal Party Protest Updates; Delhi Vs Center Ordinance Controversy
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The Aam Aadmi Party (AAP) will start a campaign from July 3 against the central government’s ordinance on transfer-posting of officers in Delhi. Chief Minister Arvind Kejriwal will launch the campaign by burning copies of the ordinance outside the party office in Delhi. During this, party MLAs and ministers will also be present.
After this, on July 5, protests will be held in all the assemblies of the country by burning a copy of the ordinance. Then from July 6 to 13, AAP leaders will protest by burning the ordinance in the squares and mohallas of Delhi.
Delhi government minister Saurabh Bhardwaj said – We will burn the copy of this ordinance. When the copy of the ordinance is burnt in every corner of Delhi, it will be indicated that the people of Delhi are not happy with this black ordinance. The Central Government and the Prime Minister have cheated Delhi.
The central government overturned the court’s decision
On May 19, the central government issued an ordinance on transfer-posting of officers. In which he overturned the decision of the Supreme Court, in which the court had given the right of transfer-posting to the Delhi government. According to the ordinance, the final decision on transfer-posting of officers in Delhi will be taken by the LG. The Chief Minister will have no right in this. Now within 6 months, a law related to this will also be made in the Parliament.
What was this whole controversy about?
- The rights battle between the AAP government and the Lieutenant Governor had reached the Delhi High Court in 2015. The High Court had ruled in favor of the Governor in August 2016.
- The AAP government appealed against this in the Supreme Court. A 5-member constitution bench ruled in favor of the AAP government in July 2016. The court said that CM is the executive head of Delhi. The Lieutenant Governor cannot act independently without the advice and aid of the Council of Ministers.
- After this, some matters like control over the services i.e. officers were referred to a two-member regular bench for hearing. In the judgment, the opinion of both the judges was different.
- After difference of opinion among the judges, the matter went to a 3-member bench. It referred it to a constitution bench in July last year on the Centre’s demand.
- The Constitution Bench heard the matter for five days in January and reserved its decision on January 18.
- On May 11, the Supreme Court gave the Delhi government the right to control the officers. Also said that the Lieutenant Governor will work only on the advice of the government.
What is an ordinance?
When Parliament or Legislative Assembly is not in session, the central and state governments issue ordinances with the permission of the President or Governor depending on the immediate needs. It has the same powers as a law passed by the Parliament/Assembly.
It is mandatory to present the ordinance in the house in the next session of the Parliament or the State Legislature within six months. If the house passes that bill, it becomes a law. While it lapses if it is not passed by the house within the stipulated time. However, the government can also issue the same ordinance again and again.