The Supreme Court is set to hear a plea filed by the Aam Aadmi Party (AAP) challenging the constitutional validity of the Delhi Services Ordinance, which grants powers to Delhi’s Lieutenant Governor to transfer and post civil servants in the national capital, on Tuesday.
The plea, which was filed earlier by the Delhi government, contends that the ordinance passed by the Union government circumvents a previous Supreme Court verdict on control of services in Delhi.
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The central government promulgated the ordinance on May 19 to establish an authority for the transfer and posting of IAS and DANICS officers in Delhi. However, the AAP government has challenged the move, calling it an attempt to undermine the Supreme Court’s decision regarding the control of services.
The ordinance seeks to amend the Government of National Capital Territory of Delhi Act, 1991 and establish a National Capital Civil Service Authority responsible for the transfer and disciplinary proceedings against Group-A officers.
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The ordinance, introduced just a week after the Supreme Court granted control of services in Delhi, except for police, public order, and land, to the elected government, has effectively reversed the executive control over the bureaucracy that was previously given to the Delhi government through the court’s May 11 verdict.
Prior to the verdict, the Lieutenant Governor held the authority over the transfer and postings of all officers in the Delhi government.
The AAP’s plea asserts that the ordinance infringes upon the constitutional framework and undermines the principles of democratic governance. The party argues that the move contradicts the Supreme Court’s decision to grant more autonomy to the elected government in the functioning of Delhi’s administration.
