Kejriwal didn't read SC judgment, ordinance conforms to it: BJP
What's the story
Bharatiya Janata Party (BJP) leader Amit Malviya on Sunday claimed Delhi CM Arvind Kejriwal didn't read the Supreme Court verdict on the Centre versus Delhi government case.
Adding it provided for a law to modify the lieutenant governor's executive power, Malviya said the Centre's ordinance complied with the verdict.
Earlier, the SC ruled the legislature had control over bureaucrats in the administration of services.
Context
Why does this story matter?
On May 11, the Supreme Court ruled in favor of the Delhi government in the case of who controls the bureaucracy in the national capital.
The joy, however, was short-lived, as the Centre issued an ordinance on Friday naming the L-G as the final arbiter in the matter.
The Kejriwal government in Delhi has no authority over three areas: public order, land, and police.
Statement
Malviya slams Kejriwal
Taking a jibe at Kejriwal, Malviya tweeted, "There is no reason for so much energy to be spent on the ordinance brought in by the Central Govt with respect to Delhi (sic)."
The BJP IT cell head claimed the ordinance, likely to be taken up as a bill by the Parliament later, "has its origin" in the judgment of the SC's Constitution Bench (CB).
Details
By bringing ordinance, Centre exercised rights: Malviya
Malviya said the order provided "legislative competence" over all matters in relation to the National Capital Territory of Delhi (NCTD).
"The Union Government has exercised the rights provided to it with regards to the governance of Delhi—The Capital of India and a Union Territory, as enunciated in the Constitution of India, as also the CB Judgment of the Supreme Court (sic)," he said.
Twitter Post
Check out Amit Malviya's full tweet here
There is no reason for so much energy to be spent on the Ordinance brought in by the Central Govt with respect to Delhi.
— Amit Malviya (@amitmalviya) May 20, 2023
Had Arvind Kejriwal read the Supreme Court judgement, he would have known that the said Ordinance, to be later taken up as a Bill by the Parliament has its…
Attack
BJP spokesperson Gaurav Bhatia too justified Centre's move
BJP spokesperson Gaurav Bhatia also justified the Centre's ordinance and claimed it was in line with the Constitution and the Supreme Court's rulings on the subject.
Soon after Kejriwal criticized the Centre for introducing the ordinance, Bhatia launched a scathing attack on Kejriwal, claiming his "anarchist" ideology was incompatible with the Constitution.
Arvind Kejriwal
Kejriwal says Centre's ordinance 'unconstitutional,' insult to SC
On Saturday, Kejriwal said the central government had violated the Constitution and "insulted" the Supreme Court by bringing the 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 reportedly stated that the legislature had control over bureaucrats in the administration of services.
Statement
Kejriwal calls Centre ordinance 'disgusting joke'
"This is a disgusting joke. They overturned the Supreme Court judgment within a week... This is direct contempt of the Supreme Court and an insult to its majesty," Kejriwal said.
"The entire battle is now Supreme Court vs Centre. It's extremely dangerous. This way, the Centre will bring in an ordinance to negate any unfavorable judgment since they have the majority," he added.
Judgment
SC verdict in favor of Delhi government
On May 11, the Supreme Court unanimously ruled in favor of the Delhi government, saying the legislature had control over the national capital's bureaucracy.
The decision came from the five-judge Constitution Bench, headed by Chief Justice DY Chandrachud, stating 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).
Centre
Centre brings ordinance on Delhi services
On Friday, the Centre enacted an ordinance designating L-G as the last arbiter in Delhi's bureaucracy and service matters.
It effectively created a National Capital Civil Service Authority to make decisions on postings and transfers.
Its members include the chief minister, chief secretary, and main home secretary. In reality, all members can vote, but the L-G's judgment is final in the event of disagreements.