ALSO READ: Ordinance row: AAP to hold week-long protests across Delhi starting from today On 19 May, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi. The Delhi government termed it as a 'deception' with the Supreme Court verdict on control of services.
The ordinance, which came a week after the Supreme Court handed over the control of services in Delhi excluding police, public order, and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. As per details, the transfer and postings of all officers of the Delhi government were under the executive control of the LG before the 11 May top court verdict.
In its plea, the Delhi government has said the ordinance, which came days after the apex court verdict, is a plain attempt to 'override' the top court and the basic structure of the Constitution itself vide executive fiat. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, in a unanimous verdict, had put an end to the eight-year-old dispute between the Centre and the Delhi government triggered by a 2015 home ministry notification asserting its control over services, holding the National Capital Territory administration is unlike other union territories and has been 'accorded a 'sui generis (unique) status by the Constitution.
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