Welfare Party of India strongly opposed Modi government’s creation of “National Capital Civil Services Authority” through ordinance, to decide on the postings and transfers of bureaucrats in New Delhi and called it blatant misuse of power and disregard to the rulings of the Supreme Court.
National President of Welfare Party of India, Dr SQR Ilyas said the creation of “National Capital Civil Services Authority” through ordinance negates the natural link between government’s accountability and the principle of collective responsibility which was pointed out in the Supreme Court’s judgment.
He strongly condemned the Central government to use the Ordinance route to indirectly return to its original position and retake control of appointments and transfers of bureaucrats working for New Delhi.
He said, “The Supreme Court’s judgement had rightly limited the role of the Lieutenant Governor (LG), an arm of the Centre, over the appointments of bureaucrats and the judgment intended to strike a balance between the national interests of the Centre in the capital and the authority of an elected Delhi government to legislate and administer meaningfully”.
He said, “The Union government through ordinance gave the Lieutenant Governor (LG) power over the services decide transfers, postings, prosecution sanctions, disciplinary proceedings, vigilance issues of the civil service officers deputed to Delhi government departments.”
He said, “The Ordinance through the National Capital Civil Services Authority also gave powers to the Lieutenant Governor whose decision would be final and create a scenario in which bureaucrats in the NCCSA could easily veto the Chief Minister which is infringement of power of the elected government”
Dr Ilyas pointed out that under the constitutional scheme envisaged in Article 239AA(3), Delhi was given legislative power which in many aspects is similar to States and is conferred power to legislate upon subjects “to give effect to the aspirations of the people Delhi and as a democratically elected government should have free hand to function.
Dr Ilyas appealed to all the opposition parties to unitedly oppose this unconstitutional ordinance of the union government which grossly undermines federalism.