New Delhi: Central govt moves SC seeking review of order authorising executive powers to AAP

The Central government has moved to the Supreme Court seeking a review of a May 11 order that authorised legislative and executive power to the Aam Aadmi Party-led government in Delhi.

The move comes just a day after BJP brought about an ordinance to create a new authority tasked with the transfers and postings of top bureaucrats in the Government of the National Capital Territory of Delhi (GNCTD).

The ordinance will also make the Lieutenant Governor the administrator of Delhi who will have the final say on the postings and transfer of all bureaucrats serving the Delhi government.

“The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit,” the ordinance read according to News18.

Promulgated by President Droupadi Murmu, the ordinance seeks to amend the Government of National Capital Territory (NCT) of Delhi Act, 1991. It will effectively negate an earlier verdict by a Constitutional Bench that gave the Aam Aadmi Party (AAP) government the power to make laws and wield control over bureaucrats deputed to the Delhi government.

It said that all matters required to be decided by the Authority shall be decided by a majority of votes of the members present and voting. In case of a difference of opinion in the Authority, the final decision will lie with the Lieutenant Governor of Delhi, the ordinance said.

On May 11, a five-judge Constitution bench unanimously said that the division of administrative powers between the Union and Delhi government “must be respected” and held that the Delhi government has “legislative and executive power over services” in the national capital, including the bureaucrats, except those relating to public order, police and land.

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