Min: L-G has only specific powers in services matters
New Delhi: Tensions have flared in Delhi’s administrative circles as Services minister Atishi writes to Lt Governor V K Saxena regarding Chief Secretary Naresh Kumar’s refusal to comply with orders issued by the Delhi government.
At the heart of the dispute lies the interpretation of powers vested in the Lieutenant Governor and the Delhi government concerning Services.
In her letter, Atishi firmly underscores the constitutional framework, stating, “Clauses (3) and (4) of Article 239AA of the Constitution of India... the Council of Ministers of Delhi exercises the executive power, and the aid and advice of the Council of Ministers bind the LG.” She notes that the Union Home Ministry’s 2015 notification had delegated powers related to ‘Services’ to the L-G, a practice that has continued since then.
A recent Supreme Court ruling on May 11, 2023, supported the Delhi government’s stance, emphasising that the GNCTD has legislative and executive power over Services. This decision directly challenges the GNCTD (Amendment) Ordinance, 2023, which excluded the competence of the Delhi Legislative Assembly to make laws concerning Services.
The GNCTD (Amendment) Act, 2023, followed, assigning specific powers to the L-G regarding services to be exercised upon recommendations from the National Capital Civil Services Authority. All other service-related powers not conferred to the L-G or the Authority are deemed to belong to the elected Delhi government.
In response, Chief Secretary Naresh Kumar maintains that executive control over ‘Services’ remains with the Central Government and the L-G, disputing the Delhi Government’s interpretation.
The BJP, in opposition to Atishi’s stance, alleges that the power struggle is not about Delhi’s development but the Aam Aadmi Party’s electoral ambitions. Delhi BJP President Virendra Sachdeva asserted, “The AAP aims for absolute control over bureaucracy and police to raise funds for its 2024 and 2025 pan-India election campaigns.”
