AAP govt vs Centre: Power struggle escalates in Delhi as Centre moves SC over May 11 judgment

The Centre filed a petition with the Supreme Court on Saturday seeking a review of the Constitution bench's May 11 judgment. The apex court had ruled that the Delhi government possesses "legislative and executive power over services" in the national capital.

The recent ordinance passed by the Centre has reinstated the authority of the Delhi Lieutenant Governor (L-G) in the transfers and postings of bureaucrats, solidifying the L-G's role as an empowered administrator who can make decisions on proposals considered or decided by the elected government in the national capital. This ordinance nullifies the Supreme Court's May 11 order that had granted control of services in Delhi, excluding police, public order, and land, to the elected government. Instead, it aims to establish a National Capital Civil Service Authority responsible for the transfer and disciplinary proceedings of IAS and DANICS cadre officers.

Under this ordinance, the Chief Minister will serve as the chairperson of the authority, with the Chief Secretary and the Principal Home Secretary as its members. Decisions within the authority will be made by a majority vote of the present and voting members. However, in case of a difference of opinion, the final decision rests with the Lieutenant Governor.

This development sets the stage for a potentially intense confrontation between the Kejriwal-led government and the Centre, as well as the L-G. According to the ordinance, the Chief Secretary and the Secretary to the concerned department will be accountable for complying with the provisions outlined within it. It explicitly defines the "Lieutenant Governor" as the administrator appointed under Article 239 of the Constitution for the National Capital Territory of Delhi, designated as such by the President.

Furthermore, the ordinance specifies that if the Secretary to the Council of Ministers believes that a proposal considered and decided by the Council of Ministers does not align with the existing laws or rules of procedure, they must bring it to the attention of the Lieutenant Governor for a final decision. Additionally, any matter that may potentially create controversy between the Government of the National Capital Territory of Delhi (GNCTD) and the Central Government, any State Government, the Supreme Court of India, the High Court of Delhi, or other prescribed authorities must be promptly reported in writing to the Lieutenant Governor, Chief Minister, and Chief Secretary by the concerned department's Secretary.

The Aam Aadmi Party (AAP) has criticised the Centre's ordinance, describing it as "unconstitutional" and an attempt to strip the Delhi government of the powers granted to it by the Supreme Court regarding services matters. At a press conference, Delhi minister Atishi accused the Centre of deliberately timing the ordinance's introduction during the Supreme Court's summer vacation.

The Bharatiya Janata Party (BJP) has welcomed the ordinance, alleging that the Kejriwal government has been "intimidating" officers and misusing its powers following the recent Supreme Court verdict on services matters. During a press conference, Delhi BJP president Virendra Sachdeva argued that the ordinance was necessary to uphold Delhi's dignity and safeguard the interests of its residents. He questioned whether the Delhi government would resort to hooliganism and the intimidation of officers while misusing its power under the guise of the Supreme Court's verdict.