Manifestly arbitrary, clearly unconstitutional
1 year, 6 months ago

Manifestly arbitrary, clearly unconstitutional

The Hindu  

In 2015, soon after the Aam Aadmi Party won the Delhi Legislative Assembly elections by a significant margin, the central government issued a notification taking control over services in the National Capital Territory. Through this ordinance, the central government sought to undo the Court’s judgment: it explicitly deprived the Delhi Legislative Assembly from enacting laws pertaining to services within the NCT, and, instead, set up a parallel body, comprising the Chief Minister and two bureaucrats, who would be responsible for taking service-related decisions with respect to Delhi. The Court’s idea of the “triple chain of accountability” is evident in the constitutional provisions relating to the status of Delhi, and demonstrates why the central government’s defence of the ordinance cannot stand. For example, Article 239AA explicitly deprives Delhi’s Legislative Assembly — and, by extension, the Delhi government — from legislating under three fields that are otherwise reserved for the States: public order, land, and the police. Crucially — and this was a significant factor in the Court’s judgment — Article 239AA does not take away services from the purview and jurisdiction of the Delhi Assembly and the Delhi government.

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History of this topic

An overview of governance in Delhi | Explained
4 months, 4 weeks ago

An overview of governance in Delhi | Explained

The Hindu  

The story so far: The Supreme Court has ruled that the Lieutenant Governor of the National Capital Territory of Delhi can nominate 10 aldermen to the Municipal Corporation of Delhi on his own without the aid and advice of its council of ministers. Since 2015, the Union government led by the Bharatiya Janata Party and the Delhi government led by …

SC to hear Delhi govt's plea challenging Centre’s ordinance on control of services today
1 year, 6 months ago

SC to hear Delhi govt's plea challenging Centre’s ordinance on control of services today

India TV News  

Delhi ordinance: The Supreme Court on Monday will hear a plea filed by the Delhi Government challenging the constitutional validity of the ordinance brought in by the Centre with regard to control over services in the national capital. ‘Unconstitutional exercise of executive fiat’ The Aam Aadmi Party Government had approached the apex court against the Government of National Capital Territory …

Supreme Court To Hear On July 10 Delhi Govt's Challenge Against Centre's Ordinance Giving Overriding Powers To LG Over Services
1 year, 6 months ago

Supreme Court To Hear On July 10 Delhi Govt's Challenge Against Centre's Ordinance Giving Overriding Powers To LG Over Services

Live Law  

The Supreme Court has agreed to list on July 10, 2023, the plea filed by the Government of National Capital Territory of Delhi challenging the ordinance brought by the Central Government recently to take away the powers of the GNCTD to control civil servants serving it. The matter was mentioned before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, …

Centre’s ordinance over Delhi government services is anti-Constitution
1 year, 7 months ago

Centre’s ordinance over Delhi government services is anti-Constitution

The Hindu  

Published : Jun 02, 2023 16:19 IST - 8 MINS READ The legislative subjects contained in item 41 of the State List in the Seventh Schedule of the Constitution are State Public Services and State Public Service Commission. But the Constitution Bench of the Supreme Court held in its judgment delivered on May 11 that services come under the jurisdiction …

The Centre’s Services Ordinance disregards the Constitution, the court, and citizens
1 year, 7 months ago

The Centre’s Services Ordinance disregards the Constitution, the court, and citizens

The Hindu  

In the last 10 days, we have witnessed both the emancipation and subversion of the people’s will. The emancipation was at the hands of the Supreme Court, where a five-judge Bench unanimously recognised the control of the Delhi government over administrative services. The subversion was at the hands of the Central government, which, by promulgating an ordinance to nullify the …

Asymmetry and power: on Delhi government and administrative services
1 year, 7 months ago

Asymmetry and power: on Delhi government and administrative services

The Hindu  

Asymmetric federalism has been a positive feature of India’s polity, but even the most pragmatic arrangement may not always guarantee harmonious relations between the Centre and its constituent units. The Centre’s argument, that in the absence of a Public Services Commission for Delhi and in view of the phrase “insofar as such matter is applicable to Union Territories” the subject …

Delhi vs Centre row: SC holds Delhi government has control over administrative services
1 year, 8 months ago

Delhi vs Centre row: SC holds Delhi government has control over administrative services

The Hindu  

In a blow to the Centre, the Supreme Court on May 11 gave the Arvind Kejriwal-led Aam Aadmi Party regime power to make laws and wield control over bureaucrats deputed to the Delhi government departments while declaring that civil service officers are “politically-neutral professionals” who serve the people and not political parties. The administration comprises of several public officers, who …

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