The Union government on Friday, May 19, brought an ordinance to set up a National Capital Civil Service Authority whose chairperson will be the Delhi Chief Minister, along with Chief Secretary and Principal Secretary, Home, to make recommendations to the Lieutenant Governor (LG) regarding matters concerning transfer posting, vigilance and other incidental matters. However, in case of difference of opinion, the decision of the LG shall be final, it holds. The move comes amid an ongoing row between the Aam Aadmi Party (AAP) government and the Lieutenant Governor over the issue.
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 officers and the LG is bound by the advice of the elected government in everything other than public order, police, and land. The top court stressed that if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.
The ordinance came after the apex court gave the Delhi government control in services matters, including transfer and posting of officers. According to the ordinance, the National Capital Civil Service Authority would statutorily balance the interest of the nation with the interest of Union Territory of Delhi in administration of the capital by giving purposeful meaning to the manifestation of democratic will of people reposed both in the Union government as well as the Government of the National Capital Territory of Delhi (GNCTD).
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 said there is a need to promote the national interests without compromising on the democratic aspirations of the residents of Delhi.