Centre approaches SC seeking review of May 11 Constitutional Judgement

Centre approaches SC seeking review of May 11 Constitutional Judgement

Today, the Center government approaches Supreme Court seeking a review of the May 11 Constitution bench judgment where the Supreme Court held that the AAP government has “legislative and executive power over services" in Delhi.

Yesterday, the Centre brought an ordinance to create a National Capital Civil Service Authority (NCCSA) that will have the power to recommend the transfer and posting of all Group A officers and officers of DANICS serving in Delhi.

The Delhi government has accused the Centre of violating the Supreme Court's 11 May order.

The Aam Aadmi Party (AAP)-led Delhi government has accused the centre of snatching the constitutional power from them through an ordinance.

Today, Education Minister of Delhi Atishi said that the Bharatiya Janata Party (BJP) could not tolerate that Supreme Court "empowered" CM Kejriwal by ruling in favour of the Delhi government.

A Constitution bench of the Supreme Court, in a unanimous verdict, had said that the Delhi government must have control over services, and the Lieutenant Governor is bound by its decision.

Yesterday, the Center government brought an ordinance to notify rules for the Government of National Capital Territory of Delhi (GNCTD) regarding the 'transfer posting, vigilance, and other incidental matters'. The ordinance has been brought to amend the Government of National Capital Territory of Delhi Act, 1991 and it circumvents the SC judgment in the Centre vs Delhi case.

Atishi said that the Supreme Court order meant if the people of Delhi elected Arvind Kejriwal, the decision-making power lies with him.

“The Supreme Court order meant that if the people of Delhi elected Arvind Kejriwal, decision-making power lies with him. That is what the Constitution says. Barring the issues of land, law, and order, and Police, all decision-making powers are with Arvind Kejriwal, and LG is bound to accept all his decisions. This is democracy. But the Central government and BJP couldn't tolerate it. PM Narendra Modi couldn't tolerate the fact that Supreme Court empowered Arvind Kejriwal," she said.

The Union Ministry of Law and Justice stated in the notification, "In view of its special status as a national capital, a scheme of administration has to be formulated by Parliamentary law, to balance both local and national democratic interests which are at stake, which would reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of National Capital Territory of Delhi (hereinafter referred to as GNCTD)".

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