New Delhi: Delhi’s AAP government has moved the Supreme Court challenging the constitutionality of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated on May 19, saying it violates the federal, democratic governance scheme set up for the NCTD. violates. Article 239AA is and is clearly arbitrary. The petition, filed through advocates Shadan Farasat and Rishika Jain, states that the ordinance usurps control over civil servants serving in the Government of Delhi (GNCTD), from the GNCTD to the unelected Lieutenant Governor (LG).
“It does so without amending the Constitution of India, in particular Article 239AA of the Constitution, thereby emanating the basic requirement that power and control with respect to the Services should be vested in the elected government,” it said.
The Delhi government asserted that the ordinance subverts the scheme of federal, Westminster-style democratic governance that is constitutionally guaranteed to the NCTD in Article 239AA. It states, “The principle of collective responsibility in a democracy – enshrined in Article 239AA(6) – necessitates that the elected government be entrusted with control over the officers posted in its territory.”
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On May 11, a five-judge Constitution bench of the Supreme Court ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officials and that the LG is an elected government in everything except bound to follow the advice of Public order, police and land.
The top court emphasized that if the government is not able to control and account for the officers posted in its service, then its responsibility towards the legislature as well as the public falls short.
On May 19, the Center brought an ordinance to set up a permanent authority called the National Capital Civil Services Authority, which would be headed by the Chief Minister of Delhi along with the Chief Secretary and Principal Secretary, Home, who would make recommendations to the Delhi LG regarding related matters. do. Transfer posting, vigilance and other relevant matters.
However, in case of difference of opinion, the decision of LG will be final.
In its plea, the Delhi government said, “The ordinance is an unconstitutional exercise of executive order which: i.) violates the scheme of federal, democratic governance enshrined in Article 239AA for the NCTD; ii.) is clearly arbitrary; The judgment of the Constitution Bench of this Court dated 11th May is hereby set aside/reviewed… without altering the premise that the accountability of civil servants to the elected branch of government and the control of the elected government over the civil service is one Original order. of the model of governance envisaged by the Constitution, including that of the NCT of Delhi under Article 239AA.
The petition argued that Article 239AA of the Constitution is a general provision, which constitutionally provides a Westminster-style democracy to the NCTD to meet the popular, regional and democratic aspirations of the people of Delhi.
It states, “The impugned Ordinance directly violates the scheme of federal, democratic governance enshrined in Article 239AA and the principle of ‘collective responsibility’ enshrined in Article 239AA(6) in particular.”
The Delhi government sought a direction to quash the Ordinance and also to repeal Section 3A of the Government of National Capital Territory of Delhi Act, 1991, which was struck down as unconstitutional by the Government of National Capital Territory of Delhi (Amendment) Ordinance 2023.
On May 20, the Center had moved the Supreme Court seeking review of the May 11 verdict.