A late-night decree issued on May 19 annulled the Supreme Court’s decision granting the Delhi government powers over the national capital’s executive services.
Posted Date – Mon, 5/22/23 at 12:15pm
A late-night decree issued on May 19 annulled the Supreme Court’s decision granting the Delhi government powers over the national capital’s executive services.
Never in the recent past has the threat to federalism been as serious as it is now under the NDA regime. There is clear and blatant discrimination against certain states even in the legitimate functions entrusted to them by the Constitution. By systematically usurping the rights of states and taking unilateral and arbitrary decisions, the center has been striking at the roots of federalism, the bedrock of the Constitution. The latest example is a decree that blatantly repudiates the Supreme Court decision and seeks to kill the wing of Arvind Kejriwal’s government in Delhi. A late-night decree issued on May 19 revoked the Supreme Court’s decision to grant the Delhi government powers to run the national capital’s administrative services — essentially powers to mobilize and appoint Delhi-based bureaucrats. The central decree effectively allows two bureaucrats to veto the chief minister. Under the regulation, the National Capital Civil Service Commission will be established, comprising the Chief Minister, Chief Secretary and Chief Home Secretary as members, to decide on appointments and transfers. If two centrally appointed bureaucrats get together, they can stall the choice of chief minister in a vote. The center’s latest move raises several questions related to states’ rights. Eight days after the SC granted the AAP-led Delhi government the appointment and reassignment of bureaucrats other than those related to public order, police and land, the NDA government notified a decree that effectively overturned the court ruling.
Not surprisingly, the AAP called the statute “unconstitutional” and sought to “take away” the powers the Supreme Court had given its government. The center deliberately chose to bring the ordinance at a time when the courts were on vacation for the summer. On every issue involving the federal government, the Modi government has been rather insensitive in pushing its agenda instead of taking the consensus line and trying to engage the states. Its oft-repeated claim of a “Team India” ethos has fallen by the wayside as its constitutional position has been transformed into a political tool against a non-BJP government. Seeks to undermine the cooperative federal model through retaliation and non-cooperation. Only Parliament has the power to revoke court decisions by legislative acts. However, the law cannot simply contradict the Supreme Court’s decision, it must address the court’s underlying reasoning. The Supreme Court’s judgment, delivered on 5 May, concerned the interpretation of Article 239AA of the Constitution, which governs the governance structure of the national capital. The ruling places three constitutional principles — representative democracy, federalism and accountability — in elected government within the interpretation of Section 239AA. It recognizes the principles of democracy and federalism as part of the basic structure of the Constitution.
