The central cabinet today cleared a bill to replace the ordinance allowing the centre to take away from the Delhi government the control over the posting of officers, said sources. The bill will be introduced in the parliament soon, they said.
The ordinance had become one of the latest flashpoints between the BJP and the Arvind Kejriwal government in Delhi. The AAP dispensation, backed by the Congress and other Opposition parties, has challenged it in the Supreme Court.
An ordinance is brought by the government when the parliament is not in session but it must be cleared by the legislature within six weeks of its reassembly.
The Monsoon Session is currently underway in the Parliament but it is not clear when the government plans to introduce the bill.
The ordinance seeks to set up a National Capital Civil Service Authority for the transfer of Group A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. It would also empower the body to initiate disciplinary actions against them.
The AAP claims the ordinance defied the Supreme Court which had ruled in the state government’s favour.
Settling the power tussle case on May 11, the Supreme Court had said the Delhi government must have control over services and that the Lieutenant Governor is bound by its decision. The judges had disagreed that the Delhi government had no power over services and said only Public Order, Police and Land are excluded from its jurisdiction.
Prior to this May 11 order, the transfer and posting of all Delhi government officers were under the executive control of the Lieutenant Governor.
The Supreme Court, which is now hearing the AAP government’s challenge to the ordinance, last week said a five-judge constitution bench will examine if the Parliament can make a law to take away the state’s control over services. However, it has refused to stay the ordinance.