Delhi chief minister Arvind Kejriwal on Saturday alleged that the ordinance on services matters issued by the Centre a day before was in direct contempt of the Supreme Court which recently ruled that the Delhi government has control over bureaucrats assigned to departments under its purview. Kejriwal also questioned the timing of the controversial ordinance, pointing out that it was promulgated by the President just hours after the apex court shut for vacation.
"The Centre's ordinance on services matter is unconstitutional and against democracy. We will approach SC against it. The Centre brought the ordinance to overturn the SC verdict on services matter just hours after the apex court has shut for vacation," he told a press conference.
"The Supreme Court closed for summer break on Friday evening and they brought this ordinance in the night. The SC verdict came on May 11, why did not they bring the ordinance then?" he asked.
Calling the ordinance an attack on the federal structure, Kejriwal said that he will meet leaders of opposition parties to ensure the bill is not passed by Rajya Sabha.
“The entire battle is now Supreme Court vs Centre. It is extremely dangerous. This way the central government will bring in an ordinance to negate any unfavourable judgement, since they have the majority.”
Kejriwal also questioned the Centre's review petition filed against the SC verdict on May 11 that gave executive control to the elected government in Delhi over the transfer and posting of bureaucrats.
{{/usCountry}}Kejriwal also questioned the Centre's review petition filed against the SC verdict on May 11 that gave executive control to the elected government in Delhi over the transfer and posting of bureaucrats.
{{/usCountry}}“What is the need for the review of the SC verdict when they have already nullified the SC verdict by bringing the ordinance…They know the ordinance will not survive even for five minutes in the court,” he said.
The ordinance restores the union government's power over “services” by way of making a raft of major amendments in the Government of National Capital Territory of Delhi (GNCTD) Act, 1991. It also strengthened the position of the Lieutenant Governor (LG), making him the final authority who can act in his “sole discretion” in deciding the matters relating to the transfer and posting of bureaucrats.
The Bharatiya Janata Party, however, asserted that the Centre's ordinance with regard to transfers and postings of officers in Delhi was brought to ensure “transparency and accountability”.
“We had to bring in the ordinance because within a few days of the Supreme Court judgement, the Delhi government began flexing its muscles. It transferred 2010 batch IAS officer Y K Rajashekhar, who was probing the irregularities in the Sheesh Mahal,” senior BJP leader Ravi Shankar Prasad told a press conference in Patna, referring to the huge expenditure for the renovation of the official residence of the Delhi chief minister.