‘Complete violation of Federalism’: Raghav Chadha on Centre’s ordinance

New Delhi : A day after the Central government brought an ordinance to negate Supreme Court judgment placing ‘services’ under the control of the state government in the national capital, AAP Rajya Sabha MP Raghav Chadha slammed the government saying that it is complete violation of federalism, constitutional powers given to elected governments.

In a series of tweets, Chadha said: “To overturn a well thought out, unanimous Constitution Bench judgment by a reckless political Ordinance, in complete violation of – Federalism: part of basic structure of Constitution, Constitutional Powers given Elected Governments, Principle of Accountability of Civil Services to Ministers and is not just Contempt of Court but also Contempt of the Electorate.”

His remarks came a day after the Centre issued ordinance to negate Supreme Court verdict that gave Delhi government control of ‘services’.

The Central government has brought an ordinance to set up a permanent authority known as the National Capital Civil Service Authority whose chairperson will Delhi Chief Minister along with Chief Secretary, Delhi, Principal Secretary (Home), to make recommendations to the Delhi LG regarding matters concerning transfer posting, vigilance and other incidental matters. However, in case of difference of opinion, the decision of the LG shall be final.

On May 11, a five-judge constitution bench of the Supreme Court ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the LG is bound by the advice of the elected government in everything other than public order, police, and land. The top court stressed that if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature as well as the public is diluted.

The ordinance came after the apex court gave the Delhi government control in services matters, including transfer and posting of officers.