Delhi Ordinance Bill / Government of National Capital Territory of Delhi Bill will be tabled tomorrow - Shah will keep it in the Lok Sabha

Delhi Ordinance Bill: Union Home Minister Amit Shah will present the Government of National Capital Territory of Delhi (Amendment) Bill 2023 in the Lok Sabha on Tuesday. The ordinance related to control over the posting-transfer of officers in Delhi was approved by the Union Cabinet on 25 July. The Aam Aadmi Party (AAP) will oppose this bill in the House. He also has the support of opposition parties in this matter. In fact, on May 19, the Center issued an ordinance on transfer-posting of officers. In the ordinance, he overturned the Supreme Court's May 11 decision, in which the Delhi government had got the right to transfer-posting.

The case related to the ordinance is in the Supreme Court

Through an ordinance, the central government had given the powers of transfer-posting of officers in Delhi to the lieutenant governor. The Delhi government had reached the Supreme Court against this. On this, CJI Chandrachud said on July 17 that we want to send this matter to a constitution bench of five judges. Then the constitution bench will decide whether the center can amend like this or not?

What did the Center say in the affidavit

The Center had filed an affidavit in the Supreme Court saying that Article 246(4) of the Constitution empowers the Parliament to make laws for any part of India and with respect to any matter not included in a state.

According to the ordinance of the Center, the final decision of transfer-posting of officers in Delhi will be of the Lieutenant Governor ie LG. The Chief Minister will have no right in this.

The Kejriwal government had challenged the Centre's ordinance by filing a petition in the court on June 30. The first hearing in the matter was held on July 4, when the court issued notices to the central government and the lieutenant governor.

What was this whole controversy about?

The rights battle between the AAP government and the Lieutenant Governor had reached the Delhi High Court in 2015. The High Court had ruled in favor of the Lieutenant Governor in August 2016.

The AAP government appealed against this in the Supreme Court. A 5-member constitution bench ruled in favor of the AAP government. The court said that CM is the executive head of Delhi. The Lieutenant Governor cannot act independently without the advice and aid of the Council of Ministers.

After this, some matters like control over the services i.e. officers were referred to a two-member regular bench for hearing. In the judgment, the opinion of both the judges was different.

After difference of opinion among the judges, the matter went to a 3-member bench. It referred it to a constitution bench in July last year on the Centre's demand.

The Constitution Bench heard the matter for five days in January and reserved its decision on January 18.

On May 11, the Supreme Court gave the Delhi government the right to control the officers. Also said that the Lieutenant Governor will work only on the advice of the government.

What is an ordinance?

When Parliament or Legislative Assembly is not in session, the central and state governments issue ordinances with the permission of the President or Governor depending on the immediate needs. It has the same powers as a law passed by the Parliament/Assembly.

It is mandatory to introduce the ordinance in the next session of the Parliament or State Legislature within six months. If the house passes that bill, it becomes a law. While it lapses if it is not passed by the house within the stipulated time. However, the government can also issue the same ordinance again and again.

On May 11, the Supreme Court gave a verdict in favor of the Kejriwal government in the matter of transfer posting of officers in Delhi. The court said – only the elected government will have control over the government officials in Delhi. A 5-judge constitution bench said in a unanimous opinion – except for public order, police and land, the lieutenant governor will work with the advice and cooperation of the Delhi government in all other matters.

On June 19, the central government issued an ordinance regarding transfer, posting and vigilance rights of officers in Delhi. Through this, the Central Government will constitute the National Capital Civil Services Authority. This authority will have Delhi CM, Chief Secretary and Principal Home Secretary. This authority will take decisions in matters like transfer, posting and vigilance and send recommendations to the LG.

Delhi Chief Minister Arvind Kejriwal met Tamil Nadu Chief Minister MK Stalin. Punjab Chief Minister Bhagwant Mann was also present with him. After the meeting, Stalin said in the press conference – We discussed the ordinance of the Center against the Delhi government today. It is undemocratic and unconstitutional.