{"id":250178,"date":"2023-06-30T20:13:50","date_gmt":"2023-06-30T14:43:50","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=250178"},"modified":"2023-08-31T14:59:34","modified_gmt":"2023-08-31T09:29:34","slug":"that-wasnt-a-capital-idea","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/that-wasnt-a-capital-idea\/","title":{"rendered":"That Wasn\u2019t a Capital Idea"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cThat Wasn\u2019t A Capital Idea\u201d <\/strong>published in \u201cThe Times of India\u201d <\/strong>on 30th June 2023<\/strong>.<\/p>\n

Syllabus: <\/strong>GS2- Issues pertaining to federalism<\/p>\n

Relevance<\/strong>– Constitutional issues related to NCT of Delhi<\/p>\n

News- <\/strong>Central government has promulgated an ordinance<\/a> to overrule the SC judgement regarding the control over services in UT of Delhi.<\/p>\n

What are <\/strong>some observations by SC<\/strong><\/a> in its judgment regarding the control over services in Delhi?<\/strong><\/h2>\n

The executive power of the Union ought not to extend to where there is an elected government.<\/p>\n

\u201cServices\u201d are not excluded from Article 239AA(3)(a)<\/strong><\/a>. The Delhi government would have both legislative and executive power<\/strong> over services<\/p>\n

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

SC concluded that services that related to the excluded subjects of \u201cpublic order, police and land\u201d<\/strong> would remain within the domain of the Union.<\/p>\n

IAS and other service officers would be subject to Delhi government control in all other areas of day-to-day governance.<\/p>\n

The involvement of the Union of India in the administration of NCTD is limited by constitutional provisions<\/strong>. Any further expansion would be contrary to constitutional governance. <\/strong><\/p>\n

What is the centre response to SC judgement?<\/strong><\/h2>\n

The ordinance provides for a \u2018National Capital Civil Service Authority<\/strong>\u2019 consisting of the Delhi CM, the chief secretary and principal home secretary. It would decide by majority on postings, transfers and disciplinary proceedings <\/strong>of officers.<\/p>\n

GOI has concurrently also filed a review petition against the judgement<\/p>\n

What are similar instances where the centre has followed the same approach with regard to the judicial process?<\/strong><\/h2>\n

The farm bills and land acquisition amendments were both initially via ordinances and had to be withdrawn.<\/p>\n

The ordinance to get around SC\u2019s judgement limiting executive influence in tribunals<\/strong> was struck down in July 2021.<\/p>\n

The same method was adopted to grant extensions to the director of the ED<\/strong> after SC curtailed the extension.<\/p>\n

Bypassing judicial orders or other laws through ordinance route is a disregard for the judicial and legislative process.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cThat Wasn\u2019t A Capital Idea\u201d published in \u201cThe Times of India\u201d 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… Continue reading That Wasn\u2019t a Capital Idea<\/span><\/a><\/p>\n","protected":false},"author":10320,"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":[212,225,10496],"class_list":["post-250178","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-polity","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/250178","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\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=250178"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/250178\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=250178"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=250178"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=250178"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}