Atishi and Sanjay Singh (Source: IANS) Atishi and Sanjay Singh (Source: IANS) Atishi and Sanjay Singh (Source: IANS) The Aam Aadmi Party (AAP) strongly criticised the recent ordinance issued by the central government regarding the transfer of bureaucrats in Delhi, labelling it as "unconstitutional" and a direct attack on democratic principles. At a press conference, Delhi Minister Atishi condemned the timing of the ordinance, suggesting that it was deliberately introduced when the Supreme Court was on summer vacation.
The ordinance, which was promulgated on Friday, establishes a National Capital Civil Service Authority responsible for the transfer and disciplinary proceedings of Indian Administrative Service (IAS) and Delhi, Andaman and Nicobar Islands Civil Service (DANICS) cadre officers. This development came just one week after the Supreme Court granted control over services, excluding police, public order, and land-related matters, to the elected government in Delhi.
Atishi argued that the introduction of the ordinance demonstrated Prime Minister Narendra Modi's fear of Chief Minister Arvind Kejriwal and the power of honest politics. She characterized the late-night move as a direct attack on democracy and the Indian Constitution, aimed at undermining the authority granted to the elected Delhi government by the Supreme Court—the highest constitutional authority in India.
"In a late-night move that reeks of an attack on democracy and the Indian Constitution, the central government hastily introduced an ordinance aimed at undermining the power of the elected Delhi government,” she said.
Highlighting previous instances, Atishi recalled that in 2015, soon after the AAP government won an overwhelming majority with public support, the BJP-led central government issued a notification within three months to curtail the elected Kejriwal government's power. The notification from the Ministry of Home Affairs (MHA) declared that the Delhi government did not have control over crucial service matters such as the transfer and postings of bureaucrats, and it could not take action against inefficient officers. These powers were claimed by the central government, contradicting the established order.
After an eight-year legal battle in the high court and Supreme Court, on May 11, the Constitution bench of the Supreme Court ruled in favour of the Delhi government, affirming that the power to govern lies with the elected government. The Supreme Court based its decision on key sections of the Indian Constitution, including the principles of the federal structure, Article 239 (AA), and the accountability of bureaucrats to the elected government.
According to Atishi, the central government found it difficult to accept this reality and introduced the ordinance to hinder the functioning of the Delhi government. However, she emphasized that the ordinance is clearly unconstitutional and will undoubtedly be struck down by the Supreme Court. Atishi pointed out that Section 3A of the ordinance denies the elected government of Delhi, including the Delhi Legislative Assembly, the authority to pass any rules related to the services department.
The ordinance establishes the National Capital Civil Services Authority, consisting of three members, with the Chief Minister of Delhi as the Chairperson, and the Delhi Chief Secretary and Home Secretary as members. Notably, the appointments of the Chief Secretary and Home Secretary will be made by the central government, rather than the Delhi government. Consequently, despite being the Chairperson, the Chief Minister will lack decisive authority, as the central government retains control. Furthermore, if the secretaries make decisions that contradict the central government's will, the Lieutenant Governor has the power to override those decisions.
Senior AAP leader and Rajya Sabha member Sanjay Singh also criticised the central government's actions. "The Centre doesn't follow the court orders and it doesn't care about what the Constitution says. It disregarded a court order by bringing the ordinance to give the control of services back to the LG," Singh said at a separate press conference.
"The Centre only wants dictatorship. It does not believe in the Constitution or laws of the country and this is why it brought the ordinance. This matter will definitely go to court. This isn't limited to CM Kejriwal Vs PM Modi, this is about the future of the country, its democracy and constitution," he added.
(With Agency inputs)