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Centre takes ordinance route; Delhi LG gets more teeth

By IndianMandarins- 20 May 2023
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New Delhi (20.05.2023): The Centre has promulgated an ordinance to create a National Capital Civil Service Authority that will have the power to recommend transfer and posting of all Group A and DANICS officers serving in Delhi. This has set the stage for another confrontation with the Delhi Government.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, will nullify last week’s ruling of the Supreme Court that handed over reins of ‘services’ to the Delhi Government. The authority will be chaired by the Delhi CM and will include the CS and the Principal Secretary (Home). All matters to be decided by the authority by majority of votes of the members present and voting. In case the LG differed with the recommendation made, they were empowered to “return the recommendation for reconsideration” and, in case of difference of opinion, the decision of the LG will be final.
The ordinance gave more teeth to the LG not only in terms of the transfer and posting and vigilance matters related to officials but also in terms of governance in Delhi designating the individual occupying the post as “administrator” acting “in his sole discretion” in matters beyond the purview of the Delhi Assembly.
The ordinance also gives sweeping powers to the Secretary of the Department to the Council of Ministers as in case the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of the law… it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of Lieutenant Governor for taking a decision thereon.

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