Addressing a press conference, Delhi minister Atishi said the Centre deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation.
The Centre promulgated an ordinance on Friday to create a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
This came a week after the Supreme Court handed over the control of services, excluding those related to police, public order and land, in Delhi to the elected government.
Atishi said the Centre's ordinance shows that "Prime Minister Narendra Modi is scared of Chief Minister Arvind Kejriwal" and the power of honest politics.
"They are scared that if he (Kejriwal) gets power, he will do extraordinary work for Delhi. The ordinance is an attempt to snatch the power given to the AAP dispensation by the apex court on May 11," she said.
Even if Delhi's people voted for Kejriwal, this ordinance says he will not run Delhi, the minister said.
The ordinance is "unconstitutional" and will be struck down by the Supreme Court, she said.
"The Centre deliberately chose to bring this ordinance yesterday night. The Supreme Court has closed for vacation for six weeks and this is a deliberate attempt to hamper work," she charged.
Atishi said the Supreme Court gave the powers to the Delhi government after an eight-year-long battle.
"But the Centre could not tolerate this. The ordinance provides for the creation of a National Capital Civil Service Authority with three members -- CM as its chairman and chief secretary and principal home secretary as its members. But it is to be noted that the chief secretary and the principal home secretary will be appointed by the Centre.
"The authority will take decisions by majority. That means decisions will be taken by the Centre's bureaucrats. If it takes any decision that the Centre doesn't like, then the LG will have the power to reverse the decision," she said.
The Centre on Saturday filed a petition in the Supreme Court seeking review of its May 11 Constitution Bench verdict that declared that the Delhi government has “legislative and executive power over services", in the national capital, except those relating to public order, police and land.
The move came a day after the Centre promulgated an ordinance to create a ‘National Capital Civil Service Authority’ with powers to recommend transfers and postings of Group A and DANICS officers serving in Delhi.
The Authority comprising Delhi chief minister, chief secretary and home secretary of Delhi would make recommendations to the Delhi Lt Governor regarding matters concerning transfers, postings, vigilance and other incidental matters.
According the ordinance, all matters will be decided by the Authority majority of votes of the members present and voting and in case of any difference of opinion, the Lt Governor’s decision shall be final.
The Arvind Kejriwal-led AAP government – which described the promulgation of the ordinance as an act of treachery and attempt to snatch power from the Delhi government -- is likely to challenge its constitutional validity before the Supreme Court.
The ordinance came amid a raging controversy over the Delhi government’s decision to transfer Services Secretary Ashish More after a five-judge Constitution Bench led by CJI DY Chandrachud purportedly ruled in favour of the elected government of Delhi.
“If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant. That is to say, 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 principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers,” the Constitution Bench had ruled in a unanimous verdict.
“If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected. A democratically elected government can perform only when there is awareness on the part of officers of the consequences which may ensue if they do not perform. If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance,” it had said.
