The SC’s Order On Delhi LG’s Power Invalidated And How It Will Work

The Union Government has established the National Capital Service Authority through an ordinance to make recommendations to the Delhi Lieutenant Governor regarding matters concerning transfer postings, vigilance and other incidental matters. This contradicted the 10-day-old order of the Supreme Court.

On Friday, the ordinance was brought in as an amendment to the Government of National Capital Territory of Delhi Act, 1991. It called for the formation of a National Capital Civil Services Authority' that will be a small stakeholder on the decision regarding transfers and postings of bureaucrats serving in the national capital.

The authority will be headed by the Delhi Chief Minister and will include the chief secretary and principal home secretary. Any matter which requires to be decided shall be done through a majority of votes.

The ordinance also says that the authority can make recommendations regarding transfers and tenures of bureaucrats to the Lieutenant Governor. The governor can either approve or pass orders to give effect to the recommendations or can return the files to the authority.

In case of a difference of opinion, the LG's decision shall be final.

This ordinance has effectively overturned the Supreme Court judgment of May 11, which had said that the real power of administration resides in the elected arm of the state.

The five-judge Constitution bench of the Top Court, led by CJI Chandrachud, said that a constitutionally entrenched and democratically elected government needs to have control over its administration.