Kejriwal says Centre's Delhi ordinance 'unconstitutional,' insult to Supreme Court
What's the story
Delhi CM Arvind Kejriwal on Saturday said the central government has violated the Constitution and "insulted" the Supreme Court by bringing a special ordinance regarding the control of bureaucracy in the national capital.
Terming the Centre's ordinance a "disgusting joke," Kejriwal said it was in direct contempt of the SC order—which stated that the legislature has control over bureaucrats in the administration of services.
Context
Why does this story matter?
On May 11, the Supreme Court ruled unanimously in favor of the Delhi government on the matter of who controls the national capital's bureaucracy.
However, the joy was shortlived after the Centre brought an ordinance on Friday, making the lieutenant governor (L-G) the final arbiter in the matter.
The Kejriwal government in Delhi has no control over three areas: public order, land, and police.
Statement
'Disgusting joke': Kejriwal on Centre ordinance
While attacking the Bharatiya Janata Party (BJP)-led Centre, Kejriwal said, "This is a disgusting joke. They have overturned the Supreme Court judgment within a week... This is direct contempt of the Supreme Court and an insult to its majesty."
"The ordinance will be challenged in the Supreme Court. It will slow down the Delhi government's work but will not stop it," Kejriwal said.
Quote
Kejriwal says it's now Supreme Court v/s Centre
"The entire battle is now Supreme Court vs Centre. It is extremely dangerous. This way, the central government will bring in an ordinance to negate any unfavorable judgment since they have the majority," Kejriwal said, while terming the ordinance "unconstitutional."
Twitter Post
Watch: Arvind Kejriwal's full briefing here
My reactions to the ordinance passed by central govt. https://t.co/J98kB4H7Wj
— Arvind Kejriwal (@ArvindKejriwal) May 20, 2023
Supreme Court
SC rules in Delhi government's favor over Delhi's bureaucracy
On May 11, the Supreme Court ruled unanimously in favor of the Delhi government, saying Delhi's legislature should have control over the national capital's bureaucracy.
The five-judge Constitution Bench, headed by Chief Justice of India (CJI) DY Chandrachud, stated that the legislature has control over bureaucrats in the administration of services, except in parts outside the legislative powers of the National Capital Territory (NCT).
Order
L-G bound by elected government's decision on services: SC
The court invoked Article 239AA, which establishes Delhi's Legislative Assembly.
It further said the L-G, the Centre's representative in Delhi, was bound by the elected government's decision on services as well as the advice and assistance of the council of ministers.
The top court added that the L-G has powers under the administrative role, but it doesn't mean administration over the Delhi government.
Ordinance
Centre ordinance on Delhi services
On Friday, the Centre issued an ordinance making L-G the final arbitrator in Delhi's bureaucracy and service matters.
It effectively established a National Capital Civil Service Authority to decide on postings and transfers.
The members will comprise the chief minister, chief secretary, and principal home secretary. And in practice, all members can vote, but the L-G's decision is final in case of any differences.