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HARDENING THE battlelines within the battle over management of administrative companies within the capital, Delhi Chief Minister Arvind Kejriwal on Saturday mentioned the Centre’s ordinance — to arrange a National Capital Civil Service Authority — was “undemocratic”, “unconstitutional”, and an “attack on the federal structure”, and appealed to Opposition events to oppose it. He additionally mentioned the Centre’s ordinance was a “direct challenge” to the Supreme Court.
The BJP countered that the ordinance was in “public interest”, and alleged that the AAP authorities was “intimidating” officers and “misusing” its powers beneath the duvet of the Supreme Court’s verdict final week.
In its May 11 ruling, a Constitution bench of the Supreme Court had handed over the reins of companies to the Delhi authorities, underlining the significance of the folks’s mandate in a democracy.
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Centre on Friday, is seen as a bid to nullify that ruling, with the creation of a National Capital Civil Service Authority to determine on transfers and postings of all Group A and DANICS officers within the capital.
According to the ordinance, the authority will likely be chaired by the Delhi Chief Minister and can embody the Chief Secretary and the Principal Secretary, Home, and “all matters… shall be decided by majority of votes of the members present and voting.” This, successfully, means two bureaucrats, appointed by the Centre, might overrule the elected CM. It additionally says that in case of variations, the “decision of the Lieutenant Governor shall be final.”
Addressing a press convention, Kejriwal mentioned the Aam Aadmi Party (AAP) authorities would file a petition towards the ordinance within the Supreme Court as quickly because it reopens after the summer season recess (May 22 to July 2).
“I want to appeal to the Opposition parties to defeat this Bill in Rajya Sabha when it comes to them for clearing. I will speak to each head of party myself and will ask them to oppose the Bill. This is undemocratic and should not be passed,” he mentioned.
Calling the ordinance a problem to the “majesty and power” of the Supreme Court, Kejriwal mentioned it has now turn into a battle between the federal government and the apex court docket.
“This is not a fight between the AAP and Centre anymore. The AAP is very small. They are challenging the court… The ordinance is a sick joke being played on the people of the country, and on the 2 crore people of Delhi. The SC gave a clear judgment that the elected government has the full right to run Delhi, except in the three fields of police, land and public order. If they turn down the judgment by way of an ordinance, then the Centre is challenging the SC directly. AAP is a very small player. The Centre is saying that the Supreme Court can pass whatever orders it likes, we will overturn them by way of ordinance and Bills,” he mentioned.
He mentioned the ordinance wouldn’t stand scrutiny in court docket. “The basic structure of the Constitution cannot be changed. Tomorrow, if a brute majority comes in and decides to abolish democracy, they can’t do it. Laws that demolish the federal structure cannot be brought in. This is an attack on the federal structure. A law like this cannot be brought in. This ordinance attacks the basic structure of the Constitution. Even if the law is passed, it cannot stand the scrutiny of court,” he mentioned.
Kejriwal additionally questioned the Centre’s resolution to file a assessment petition within the Supreme Court towards the May 11 order. “What does the review petition mean? When the ordinance has been promulgated to overturn the court verdict, what is the point of the review petition? A review petition is maintainable when the ordinance is withdrawn before the review petition is heard. Is this an indication that as soon as the SC will open, the ordinance will be withdrawn? Judges will ask what the review petition is for when the ordinance has turned the judgment on its head,” he mentioned.
He warned that he would “go to the people” towards the Centre’s transfer. “I will go to the people of Delhi and there will be a maha rally in Delhi soon. And the kind of reactions I am getting from the people, I don’t think the people of Delhi will give the BJP even one out of seven (Lok Sabha) seats. The people are very angry with their tactics and their dictatorial approach. How will the people live under such tyranny? The whole of AAP will be on the streets in the coming days,” he mentioned.
Over the previous few months, Kejriwal has been assembly a number of Opposition leaders, together with Bihar CM Nitish Kumar, Deputy CM Tejaswi Yadav and Shiv Sena’s (Uddhav Thackeray faction) Aaditya Thackeray. He had additionally written to chief ministers of eight non-BJP dominated states earlier this 12 months to get collectively to debate a “governance platform”.
Meanwhile, Delhi BJP president Virendra Sachdeva mentioned the ordinance was mandatory for sustaining the dignity of Delhi and defending folks’s pursuits. He alleged that after the SC verdict, the Kejriwal authorities began “snatching” recordsdata from the Vigilance division associated to probes into its “scams and corruption”. “Will you (Delhi government) resort to hooliganism and intimidation of officers, and misuse power under the cover of the SC verdict,” he requested.
BJP spokesperson Gaurav Bhatia mentioned Kejriwal’s ideology was towards the Constitution. “Dictator Arvind Kejriwal thinks that what he says will be above and beyond the Constitution of the country… The way he held a press conference on yesterday’s ordinance can only lead to the conclusion that Kejriwal does not believe in the same Constitution which he swore upon to become the chief minister and is tearing it apart. Anarchy has completely pervaded his nature,” he alleged.
“Arvind Kejriwalji, Delhi is a Union Territory, not Arvind Territory. It will work in accordance with the Constitution, not as per Kejriwal’s law,” he mentioned.
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