Supreme Court empowered Delhi govt, Centre gets ordinance to put bureaucrats over CM

Source: The post is based on the article “Supreme Court empowered Delhi govt, Centre gets ordinance to put bureaucrats over CM” published in Indian Express on 20th May 2023

What is the News?

The President of India has Promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.

What are the key provisions of the National Capital Territory of Delhi (Amendment) Ordinance, 2023?

The Ordinance creates a new statutory authority – the National Capital Civil Service Authority (NCCSA) – which will be headed by the elected Chief Minister of Delhi in addition to the Chief Secretary and the Principal Secretary of the Home Department. 

The NCCSA will make recommendations to the LG regarding transfer posting, vigilance and other incidental matters.

All matters required to be decided by the body shall be decided by a majority of votes of the members present and voting. 

This means that the decision of the elected chief minister of Delhi can be overruled by the two senior bureaucrats.  

Furthermore, in case the LG differs with the recommendation made, they would be empowered to return the recommendation to the Authority for reconsideration and, in case of continuing difference of opinion, the decision of the Lieutenant Governor shall be final.

What is the significance of this ordinance?

This ordinance effectively reverses the verdict delivered by the Supreme Court.

The Supreme Court in an unanimous ruling by a five-judge Constitution bench ruled that the Delhi government has legislative and executive powers over administrative services in the national capital.