The GNCTD Ordinance will now be introduced in the Parliament as a Bill. This bill is very important in relation to control over bureaucrats in Delhi, because the government has withdrawn the rights given to the AAP government by the Supreme Court through an ordinance.
In the midst of continuous uproar for four days in the monsoon session of Parliament, the central government is trying to make a law by replacing the ordinance with a bill. The central government in the cabinet meeting on Tuesday approved the bill to replace the Delhi Ordinance related to control over officers.
It is also very interesting that this AAP government has challenged the ordinance in the Supreme Court. According to NDTV’s report on the Delhi Ordinance, sources said that the Union Cabinet on Tuesday approved the bill to replace the June ordinance.
Through the ordinance, the Center took away Delhi government’s control over the posting of officers. Now sources have said that soon the Bill will be introduced and passed in the Parliament instead of the GNCTD Ordinance.
The ordinance remains the most burning issue of the tussle between the BJP and Chief Minister Arvind Kejriwal-led AAP government in Delhi. Congress and other opposition parties have also supported the AAP government’s stand.
Explain that the government takes the support of the ordinance when the Parliament session is not going on. As per the rules, the ordinance has to be passed by the Parliament or the legislatures in the case of states within six weeks.
At present, the monsoon session is going on in the Parliament, in such a situation, preparations are being made to give the shape of law to the rights by introducing a bill instead of an ordinance. However, it is not yet clear on which day the government is planning to introduce the bill.
The ordinance provides for setting up a National Capital Civil Services Authority for transfer of Group A officers of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
It will also empower the body to initiate disciplinary action against them. The Aam Aadmi Party claims that the ordinance defies the Supreme Court which had ruled in favor of the state government.
Let us tell you that on May 11, while disposing of the power struggle case, the Supreme Court had said that the Delhi government should have control over the services and the Lieutenant Governor is bound by its decision.
The judges of the country’s highest court disagreed with the central government’s contentions that the Delhi government had no power over services and said only public order, police and land were kept out of its jurisdiction.
It may be noted that prior to this May 11 order, the transfer and posting of all officers of the Delhi government was under the executive control of the Lieutenant Governor. The Supreme Court is hearing the AAP government’s plea against the ordinance.
Last week, the Supreme Court said a five-judge constitution bench would examine whether Parliament can legislate to remove state control over services. However, he has refused to stay the ordinance.
In fact, there are frequent reports of tension between the Lieutenant Governor and the Chief Minister regarding the transfer and appointment of bureaucrats in Delhi. Meanwhile, the Supreme Court gave an important verdict in June last and said that the AAP government will have the right to appoint or transfer officers.
Within just 10 days, the Law Ministry of the Central Government neutralized the decision of the Supreme Court through the GNCTD Ordinance. According to this ordinance, the committee will decide on transfer posting of officers. In case of dispute, the final decision will be of the Lieutenant Governor.
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