Union Home Minister Amit Shah will introduce the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 in the Lok Sabha on Tuesday.
The ordinance related to control over the posting-transfer of officers in Delhi was approved by the Union Cabinet on 25 July.
The Aam Aadmi Party (AAP) will oppose this bill in the House. They also has the support of opposition parties in this matter.
In fact, on May 19, the Center issued an ordinance on transfer-posting of officers. In the ordinance, it overturned the Supreme Court’s decision of May 11, in which the Delhi government had got the right of transfer-posting.
Through an ordinance, the central government had given the right of transfer-posting of officers in Delhi to the Lieutenant Governor. The Delhi government had reached the Supreme Court against this.
On this, CJI Chandrachud told on July 17 that we want to send this matter to a constitution bench of five judges. Then the constitution bench will decide whether the center can amend like this or not.
The Center while filing an affidavit in the Supreme Court said that Article 246(4) of the Constitution empowers the Parliament to make laws for any part of India and with respect to any matter which Not included in the state.
According to the ordinance of the Center, the final decision of transfer-posting of officers in Delhi will be of the Lieutenant Governor ie LG. The Chief Minister will have no right in this.
The Kejriwal government had challenged the Centre’s ordinance by filing a petition in the court on June 30.
The first hearing in the matter was held on July 4, when the court issued notices to the central government and the lieutenant governor.
The rights battle between the AAP government and the Lieutenant Governor had reached the Delhi High Court in 2015. The High Court had ruled in favor of the Lieutenant Governor in August 2016.
The AAP government appealed against this in the Supreme Court. A 5-member constitution bench ruled in favor of the AAP government. The court said that CM is the executive head of Delhi. The Lieutenant Governor cannot act independently without the advice and aid of the Council of Ministers.
After this, some matters like control over the services i.e. officers were sent before a two-member regular bench for hearing. In the judgment, the opinion of both the judges was different.
After difference of opinion among the judges, the matter went to a 3-member bench. It referred it to a constitution bench in July last year on the Centre’s demand.
The Constitution Bench heard the matter for five days in January and reserved its decision on January 18.
On May 11, the Supreme Court gave the Delhi government the right to control the officers. Also said that the Lieutenant Governor will work only on the advice of the government.