That Wasn’t a Capital Idea

Source– The post is based on the article “That Wasn’t A Capital Idea” published in “The Times of India” on 30th June 2023.

Syllabus: GS2- Issues pertaining to federalism

Relevance– Constitutional issues related to NCT of Delhi

News- Central government has promulgated an ordinance to overrule the SC judgement regarding the control over services in UT of Delhi.

What are some observations by SC in its judgment regarding the control over services in Delhi?

The executive power of the Union ought not to extend to where there is an elected government.

“Services” are not excluded from Article 239AA(3)(a). The Delhi government would have both legislative and executive power over services

The judgement talks about the role of civil servants, their accountability. It would not be appropriate for ministers who formulate policies to not have the means of implementing them through officials.

SC concluded that services that related to the excluded subjects of “public order, police and land” would remain within the domain of the Union.

IAS and other service officers would be subject to Delhi government control in all other areas of day-to-day governance.

The involvement of the Union of India in the administration of NCTD is limited by constitutional provisions. Any further expansion would be contrary to constitutional governance.

What is the centre response to SC judgement?

The ordinance provides for a ‘National Capital Civil Service Authority’ consisting of the Delhi CM, the chief secretary and principal home secretary. It would decide by majority on postings, transfers and disciplinary proceedings of officers.

GOI has concurrently also filed a review petition against the judgement

What are similar instances where the centre has followed the same approach with regard to the judicial process?

The farm bills and land acquisition amendments were both initially via ordinances and had to be withdrawn.

The ordinance to get around SC’s judgement limiting executive influence in tribunals was struck down in July 2021.

The same method was adopted to grant extensions to the director of the ED after SC curtailed the extension.

Bypassing judicial orders or other laws through ordinance route is a disregard for the judicial and legislative process.