New Delhi: A day after the Union government passed an ordinance to notify rules for the Government of National Capital Territory of Delhi (GNCTD) regarding the 'transfer posting, vigilance and other incidental matters', not only negating the Supreme Court order but virtually allowing bureaucracy to supersede legislative, the Aam Admi Party lashed out at the Centre and termed the move as an "act of dishonesty and treachery".
Delhi education minister, Atishi, responding to this development said that the Central Government's ordinance directly disrespects the Supreme Court's order. “The Supreme Court's ruling had unequivocally stated that the elected government holds supreme authority and possesses all powers. In light of the Supreme Court's decision, the Central Government introduced this ordinance out of fear, “Atishi said.
Atishi also claimed that the purpose of this ordinance is to diminish the power of Chief Minister Arvind Kejriwal's government. “The Supreme Court had maintained that if the public voted for Kejriwal, he should possess the authority to make all decisions. The Central Government, through this ordinance, argues that an elected representative chosen by the people of Delhi should not have the right to make decisions that benefit the residents of Delhi,” the minister said.
Saurabh Bhardwaj, another minister in the Delhi government said that the ordinance not only demonstrates contempt for the Supreme Court's order but also disrespects the mandate given by the people of Delhi. He contended that this ordinance reveals the BJP and the Central Government's apprehension towards Arvind Kejriwal.
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“The BJP is afraid that if Kejriwal consolidates all power, it would be impossible to prevent the spread of the "Kejriwal model" across the country” he said. Drawing an analogy to a child who, when losing a game in their childhood, would gather their bat, ball, and wickets and proclaim that they refuse to play, Bhardwaj said, “The Central Government is employing the same deceitful tactic with the Supreme Court, the Constitution, and the people of Delhi. Despite the people of Delhi electing Arvind Kejriwal as Chief Minister for three consecutive terms, the Central Government contends that the appointed Lieutenant Governor will hold the power of transfer and postings, thereby granting them comprehensive authority”. Bhardwaj denounced this act as an act of contempt and an insult to the Supreme Court.
Sanjay Singh, a member of the Aam Aadmi Party (AAP) in the Rajya Sabha, added his perspective, asserting that Prime Minister Modi has demonstrated that he is a dictator who disregards democracy and the constitution. “The Supreme Court had ruled that the Kejriwal government possessed the authority to carry out transfers and postings. Modi overturned the Supreme Court's decision through the introduction of the ordinance”.
The Central Government made a decisive move on Friday by overturning the Supreme Court's order concerning the services, including the appointment and transfer of officers, in Delhi. The Central Government utilized an ordinance to alter the Supreme Court's decision, thereby granting the Lieutenant Governor the authority over the right of services. The argument put forth by the Central Government is that Delhi, as the capital of India, directly falls under the jurisdiction of the President. Consequently, the power to reshuffle officers now rests with the President.
Earlier Chief Justice DY Chandrachud of the Supreme Court emphasized that despite Delhi being a union territory, the Central Government cannot possess complete authority over the government's functions. The constitution grants Delhi a federal model, and the elected government is accountable to the public. The rights of Delhi are comparatively limited when compared to other states. The Lieutenant Governor should adhere to the advice of the government and govern with their guidance and support.
