<\/p>\n
Source<\/span><\/b>: The post is based on the article <\/span>\u201c<\/span><\/b>Manifestly arbitrary, clearly unconstitutional<\/span><\/b>\u201d <\/span><\/b>published in <\/span>\u201cThe Hindu\u201d <\/span><\/b>on <\/span>29th June 2023<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n Syllabus: <\/span><\/b>GS2- Issues pertaining to federalism<\/span>\u00a0<\/span><\/p>\n Relevance<\/span><\/b>: Constitutional issues related to NCT of Delhi<\/span>\u00a0<\/span><\/p>\n News:\u00a0 <\/span><\/b>The article explains the issues related to the current tussle between the Delhi government and the central government for control over service.<\/span>\u00a0<\/span><\/p>\n In 2015, Aam Aadmi Party won the Delhi Legislative Assembly elections, The central government issued a notification taking <\/span>control over services<\/span><\/b> in the National Capital Territory. This sparked a <\/span>long legal battle<\/span><\/b> between the Delhi government and the central government.\u00a0<\/span>\u00a0<\/span><\/p>\n In May 2023, the Court ruled decisively in f<\/strong><\/span>avour of the Delhi governmen<\/span><\/b>t<\/strong>. Within days, the central government <\/span>issued an ordinance<\/span><\/b> amending the Government of <\/span>National Capital Territory of Delhi Act of 1991.\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n Through this ordinance, the central government wants to<\/span> undo the Court\u2019s judgement<\/span><\/b>. It deprived the Delhi Legislative Assembly from <\/span>enacting laws pertaining to services<\/span><\/b> within the NCT.<\/span>\u00a0<\/span><\/p>\n Delhi\u2019s status as the national capital requires a <\/span>\u201cbalancing\u201d of interests between the Delhi government and the central government. <\/span><\/b>\u00a0<\/span><\/p>\n Article 239AA of the Constitution<\/span><\/b> authorises Parliament to pass laws in areas that fall within the <\/span>exclusive domain <\/span><\/b>of the States. One of these fields belongs to<\/span> \u201cservices\u201d<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n The ordinance violates and undermines the <\/span>core principles of democracy, representative governance, and a responsive administration.<\/span><\/b> \u00a0<\/span>Any functioning modern polity requires the performance of a vast range of <\/span>daily administrative functions.\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n Violates the triple chain of accountability<\/strong>: In its judgement in May 2023, the Court explicitly recognised this by formulating the concept of the <\/span>\u201ctriple chain of accountability\u201d.<\/p>\n Note<\/strong>: The triple chain of accountability is integral to representative democracy. Civil servants are accountable to the cabinet. The cabinet is accountable to the Legislative Assembly. The Legislative Assembly is accountable to the electorate.\u00a0\u00a0<\/em><\/p>\n Any action that impacts this \u201ctriple chain of accountability\u201d undermines the core constitutional principle of representative government.\u00a0 The Delhi Services Ordinance impacts this triple chain of accountability by taking away the services from the jurisdiction of the Delhi government.<\/p>\n Impacts the degree of flexibility: <\/span><\/b>Delhi\u2019s \u201cspecial status\u201d is already recognised in Article 239AA. Article 239AA already creates the balance between the interests of representative governance, and national interest in the national capital.<\/p>\n Article 239AA also grants power to Parliament to pass laws, with respect to Delhi, under any of the fields that are otherwise reserved to the States.<\/p>\n The purpose of this is to maintain a degree of flexibility. Unforeseeable circumstances might require Parliament to pass specific legislation.<\/p>\n The Delhi Services Ordinance does not respond to any specific circumstance. It takes away the Delhi government\u2019s power over services in all circumstances.<\/p>\n Indeed, the ordinance articulates<\/span> no specific or concrete reason<\/span><\/b> for its enactment. It only mentions the <\/span>need to \u201cbalance\u201d interests<\/span><\/b>. This is illogical as that balancing has already been achieved within the Constitution.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Source: The post is based on the article \u201cManifestly arbitrary, clearly unconstitutional\u201d published in \u201cThe Hindu\u201d on 29th June 2023.\u00a0 Syllabus: GS2- Issues pertaining to federalism\u00a0 Relevance: Constitutional issues related to NCT of Delhi\u00a0 News:\u00a0 The article explains the issues related to the current tussle between the Delhi government and the central government for control… Continue reading Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023: Manifestly arbitrary, clearly unconstitutional<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,225,10498],"class_list":["post-250014","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-polity","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/250014","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=250014"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/250014\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=250014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=250014"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=250014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is the issue?<\/span><\/b>\u00a0<\/span><\/h2>\n
What are the justifications offered by the central government in favour of the ordinance?<\/span><\/b>\u00a0<\/span><\/h2>\n
What are issues related to central government ordinance?<\/span><\/b>\u00a0<\/span><\/h2>\n