Centre Issues Ordinance on Control of Services in Delhi, Establishes National Capital Civil Service Authority [Read Ordinance]

NEW DELHI: The Centre has on May 19 brought an ordinance setting up a services authority for transfers and postings of the civil servants, including IAS officers, working for the Government of the National Capital Territory.

The Ordinance was seen as a move to negate the SC's Constitution bench judgement of May 11, which gave the full control and the power on the subject to the Delhi government.

In a fresh development, the Centre designated the Lieutenant-Governor (L-G) as the administrator of Delhi, with the final say on the postings and transfer of all bureaucrats serving the Delhi government.

The ordinance, promulgated by President Droupadi Murmu, sought to amend the Government of National Capital Territory of Delhi Act, 1991.

It also sought to establish for the first time the National Capital Civil Service Authority (NCCSA), which will be headed by the Chief Minis- ter of Delhi, with the Chief Secretary and Principal Home Secretary of Delhi as its other two members.

“All matters required to be decided by the authority shall be decided by majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary,” the Ordinance, issued by the Union Law Ministry read.

The National Capital Civil Service Authority shall meet at such time and place as the member secretary may decide with approval of the chairperson of the authority, as and when required, the ordinance said.

“The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit," it stated.

“Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group ‘A’ officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter,” it further read.

It is to be noted that the Supreme Court's judgement authored by Chief Justice of India D Y Chandrachud had said a democratically elected government should have control over the services as the officers are accountable to the ministers who in turn are to their Assembly and electorate.

"The executive power of the Union, in the absence of a law upon it executive power relating to any subject in the State List, shall cover only matters relating to the three entries (public order, police and land) which are excluded from the legislative domain of NCTD."

"However, if Parliament enacts a law granting executive power on any subject which is within the domain of NCTD, the executive power of the Lieutenant Governor shall be modified to the extent, as provided in that law," the judgement has also said.

[Read Ordinance]