38.6c New Delhi, India, Friday, May 24, 2024

Centre Issues Ordinance on Control of Services in Delhi, Establishes National Capital Civil Service Authority [Read Ordinance]

By LawStreet News Network      21 May, 2023 01:12 AM      0 Comments
Centre Issues Ordinance on Control of Services in Delhi, Establishes National Capital Civil Service Authority [Read Ordinance]

NEW DELHI: The Centre has on May 19 brought an ordinance setting up a services authority for transfers and postings of the civil servants, including IAS officers, working for the Government of the National Capital Territory.

The Ordinance was seen as a move to negate the SC's Constitution bench judgement of May 11, which gave the full control and the power on the subject to the Delhi government.

In a fresh development, the Centre designated the Lieutenant-Governor (L-G) as the administrator of Delhi, with the final say on the postings and transfer of all bureaucrats serving the Delhi government.

The ordinance, promulgated by President Droupadi Murmu, sought to amend the Government of National Capital Territory of Delhi Act, 1991.

It also sought to establish for the first time the National Capital Civil Service Authority (NCCSA), which will be headed by the Chief Minis- ter of Delhi, with the Chief Secretary and Principal Home Secretary of Delhi as its other two members.

“All matters required to be decided by the authority shall be decided by majority of votes of the members present and voting. All recommendations of the authority shall be authenticated by the member secretary,” the Ordinance, issued by the Union Law Ministry read.

The National Capital Civil Service Authority shall meet at such time and place as the member secretary may decide with approval of the chairperson of the authority, as and when required, the ordinance said.

“The central government, in consultation with the authority, shall determine the nature and the categories of officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and employees, as it may deem fit," it stated.

“Notwithstanding anything contained in any law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the Group ‘A’ officers and officers of DANICS serving in the affairs of the government of the National Capital Territory of Delhi but not officers serving in connection with any subject matter,” it further read.

It is to be noted that the Supreme Court's judgement authored by Chief Justice of India D Y Chandrachud had said a democratically elected government should have control over the services as the officers are accountable to the ministers who in turn are to their Assembly and electorate.

"The executive power of the Union, in the absence of a law upon it executive power relating to any subject in the State List, shall cover only matters relating to the three entries (public order, police and land) which are excluded from the legislative domain of NCTD."

"However, if Parliament enacts a law granting executive power on any subject which is within the domain of NCTD, the executive power of the Lieutenant Governor shall be modified to the extent, as provided in that law," the judgement has also said.

[Read Ordinance]

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM


Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email