Control over services in Delhi: President brings ordinance to overcome Supreme Court judgement; gives overriding powers to LG

The President of India on Friday passed an ordinance to give overriding powers to Lieutenant Governor (LG) of Delhi, who is the Central government nominee, to oversee the transfer, posting and disciplinary proceedings against civil servants in Delhi..The move comes a little over a week after a Supreme Court Constitution Bench judgment that had held that it is Delhi government which is entitled to control over all services including Indian Administrative Service (IAS) officers in the national capital and not the Central government. In that ruling, the Supreme Court had made it clear that the governance of elected governments of States cannot be taken over by the Central government.It had held that the Delhi government would have control over all services except those pertaining to land, police and law and order. However, the present ordinance, titled Government of National Capital Territory of Delhi (Amendment) Ordinance has amended the 1991 Government of National Capital Territory of Delhi Act to give overriding powers to the LG of Delhi when it comes to transfer, posting and control over officers in Delhi. The ordinance states that the national capital belongs to the entire nation and the entire nation is vitally interested in the governance of the national capital. Hence, it is in the larger national interest that the people of entire country have some role in the administration of the national capital through the democratically elected Central government..LG to have overriding powers .The ordinance provides for the creation of a National Capital Civil Service Authority (Authority).The Authority is tasked with recommending transfer and posting of officers."The National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group 'A' officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi," the ordinance says.Further, it will also have the responsibility to make recommendations as regards disciplinary proceedings of officers"The National Capital Civil Service Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of disciplinary proceedings and prosecution sanctions against all the Group 'A' officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi," the ordinance states.The Authority will comprise the Delhi Chief Minister as chairperson, the Chief Secretary, and the Principal Home Secretary, to make recommendations for officers in this regard.The same will, however, have to be approved by the Lieutenant Governor (LG) of Delhi, who is the nominee of the Central government.The LG may send recommendations back to the Authority for reconsideration, the ordinance states.Importantly, in case of difference of opinion, the decision of the Lieutenant Governor shall be final, the ordinance provides.It further says that the Secretary to the Delhi Council of Ministers will have to inform the LG if they are of opinion that any proposal considered by the said Council is not in accordance with the amended Act..Rule making power with Central government.The ordinance also provides that it shall be the Central government which is entitled to make rules governing the following matters, in connection with the affairs of the Delhi:(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed or posted; (b) the powers, duties and functions of officers and other employees appointed or posted; (c) the qualifications of candidates for appointment to the posts and the manner of selection for the appointments; (d) transfer or posting of the officers and other employees posted;(e) the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie..President to make appointments to boards, commissions.Further, the ordinance provides that any authority, board, commission or any statutory body or any office bearer or member of the same, constituted or appointed under any law for the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President. .Senior Advocate Abhishek Manu Singhvi, who appeared for the Delhi government in the recent Constitution bench case, took to twitter to express his reaction:.[Read ordinance]