The Centre has issued an ordinance granting the Lieutenant Governor (LG) of Delhi the final authority over “services” in the region, including the Indian Administrative Service (IAS). This comes in response to a recent Supreme Court ruling that affirmed the executive power of the government over services. The ordinance establishes a ‘National Capital Service Authority’ to make recommendations to the LG on matters such as transfer posting, vigilance, and related issues. The authority will consist of the Chief Minister, Chief Secretary, and Home Secretary of the Delhi government. In cases of disagreement, the decision of the LG will be considered final.
The government order emphasizes the need to strike a balance between local and national democratic interests in the administration of the national capital. It states that a permanent authority, led by the Delhi Chief Minister, will be responsible for making recommendations to the LG on matters related to transfer posting, vigilance, and other incidental issues.
The timing of the ordinance coincided with Delhi Chief Minister Arvind Kejriwal’s concerns about a possible conspiracy to reverse the Supreme Court verdict through an ordinance. Kejriwal questioned the delay in the LG’s approval of the file concerning the transfer of the services secretary, Ashish More, and raised suspicions about the Centre’s intentions.
The transfer of bureaucrats working with the government was placed under the authority of the elected government following the Supreme Court’s unanimous verdict. The five-judge Constitution bench, headed by Chief Justice DY Chandrachud, ruled that apart from matters of public order, police, and land, the LG is bound by the decisions of the government concerning services.