Delhi: Atishi shoots off letter to L-G on services
The ongoing power tussle between the Delhi government and Lieutenant-Governor (L-G) VK Saxena has escalated further as Delhi Services Minister Atishi reportedly sent a letter to the former. Atishi reportedly told the Delhi L-G that the elected government of the Aam Aadmi Party (AAP) also enjoys some powers under the Government of National Capital Territory of Delhi (Amendment) Act, 2023.
Atishi flags Section 3A removal in letter
As per PTI, Atishi's letter claimed she received a note from Chief Secretary Naresh Kumar that despite Section 3A's removal from the GNCTD (Amendment) Act, the Centre and the L-G will continue having effective executive authority over all "vigilance" and "services" related matters. While expressing disapproval over it, she added, "The elected government disagrees with this legal interpretation."
Section 3A removed from law
Previously, Section 3A of the Centre's Delhi ordinance prevented the Delhi Assembly from making laws regarding State Public Services and State Public Service Commission under Entry 41 of List II of the 7th Schedule of the Constitution. This was removed from the GNCTD (Amendment) Act.
What Atishi wrote in her letter to Saxena
"The GNCTD (Amendment) Act accords only specific powers to the L-G in relation to services, which are to be exercised on recommendations made by the NCCSA (National Capital Civil Services Authority)," Atishi's letter stated, per Hindustan Times. "All other powers in relation to services which have not been conferred on the [L-G] or [NCCSA] are to be exercised by the elected government," it added.
All you need to know about NCCSA
It is worth noting that the GNCTD (Amendment) Act provides for the constitution of the NCCSA with the chief minister as its head and the principal secretary and chief secretary as its members. While the NCCSA recommends the postings and transfers of the bureaucrats to the L-G, in case of any disagreement, the L-G will have the final say in these matters.
Services law: SC allows Delhi government to amend its petition
Meanwhile, the Supreme Court (SC) allowed CM Arvind Kejriwal's Delhi government on Friday to amend its previous petition to challenge the GNCTD (Amendment) Act concerning control over services in the national capital. Per Hindustan Times, the court took note of the Delhi government's submissions that its June 30 petition must be modified since the services ordinance had been replaced by the GNCTD (Amendment) Act.
