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Days after SC ruling, Centre introduces new ordinance on Delhi bureaucrats' postings

By IBNS
May 20, 2023..

New Delhi/IBNS: Days after the Supreme Court ruled that the Delhi government must have control over transfers and appointments of bureaucrats, the Centre Friday brought in a special law, making Lieutenant Governor the final arbiter in the matter.


Through an ordinance, the Centre created the National Capital Civil Services Authority to decide on postings and transfers.

Its members will include the Chief Minister, who shall be the Chairperson of the Authority, the Chief Secretary, and the Principal Home Secretary.

According to the new law, all matters are required to be decided by the authority based on the majority of votes of the members present and voting.

In case of a difference of opinion, the decision of the Lt Governor, who is Centre's representative, shall be deemed final.

The ordinance will have to be passed in both houses of parliament. The ruling Bharatiya Janata Party (BJP) is short on numbers in the Rajya Sabha, where opposition parties could get together on the issue.

The ordinance is in complete disregard to the Supreme Court order, the ruling-Aam Aadmi party alleged.

Last week, the Supreme Court said: "If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted."

"If an officer is not responding to the government, the collective responsibility is diluted. If an officer feels they are insulated from the elected government they feel they are not accountable," the apex court had ruled.

Earlier in the day, Delhi Chief Minister Arvind Kejriwal alleged that the Centre was "conspiring" to reverse through an ordinance the Supreme Court verdict giving the elected government executive powers in services matters.

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