Delhi Govt vs LG: The National Capital Service Authority was established by the Union government through an ordinance to advise the Delhi Lieutenant Governor on issues relating to transfer posting, vigilance, and other incidental matters. A few days after the Supreme Court issued a ruling on the local government’s administrative authority over services, a permanent body was established.
SC Ruling Reshapes Delhi’s Governance
In a significant ruling last week, the Supreme Court granted the Delhi government executive control over matters relating to services, including the transfer and posting of officers. In light of Delhi’s unique status as a national capital, a government order stated that “a scheme of administration has to be formulated by law, to balance both local and national democratic interests which are at stake, which would reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of National Capital Territory of Delhi (GNCTD).”
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Potential Legal Challenges for the Adopted Ordinance
If “immediate action” was necessary to adopt an ordinance, that fact can be used to strike it down in court. The Centre would have to demonstrate that there was a need for “immediate action” and that the ordinance wasn’t only issued to avoid debate and discussion in the assembly if the Delhi government decided to appeal the ordinance to the Supreme Court. The chief minister of Delhi, the chief secretary of Delhi, and the principal home secretary of the Government of National Capital Territory of Delhi will make up the new authority. The majority of the members present and voting will decide every issue. With the creation of the new authority, the Lt. Governor now has the jurisdiction to disapprove of a decision about a service matter and to send back documents for revision.
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