Centre issues ordinance to take control of services dept of Delhi govt

The Central government on Friday issued an ordinance to take control of the services department of the the Delhi government just seven days after the Supreme Court had given the control of services to the Delhi government.

Transfer and posting of officials have been a bone of contention between the Centre and the Arvind Kejriwal-led Delhi government since 2015. 

The Supreme Court gave a split verdict in 2019, and a five-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud a week ago held that the L-G can exercise executive power on behalf of the Centre only in the three areas of public order, police and land in Delhi as mentioned in Article 239AA(3)(a).

This meant the L-G does not have sweeping executive powers over the national capital. 

After the Supreme Court order, the AAP government removed several officers in various departments. However, the ordinance today once again gives the Centre the power over transfer and posting of key officials.

The Ordinance today said that a permanent authority – the National Capital Civil Service Authority (NCCSA) – which would be headed by the elected Chief Minister of Delhi in addition to the Chief Secretary and the Principal Secretary of the Home department will make recommendations to the LG regarding “transfer posting, vigilance and other incidental matters.”

However, in case of a clash, between NCCSA and L-G, the decision of the L-G "shall be final.”