The story so far: A Constitution Bench headed by the Chief Justice of India D.Y. Chandrachud on May 11 held that the Delhi government can make laws and administer civil services in the national capital. The court limited the role of the Lieutenant Governor (LG), an arm of the Centre, over bureaucrats in the capital to three specific areas — public order, police and land. 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 through “professional” civil service officers deputed to its departments. However, on May 19, the Centre turned the tables on the judgment. The President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to make a fresh claim of power over the services in the capital. The stated aim of the Ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.
What does the Ordinance say?
The government has used the Ordinance route to indirectly return to its original position which it had taken in May 21, 2015 through a Home Ministry notification. The notification, which formed the bone of contention between the Aam Aadmi Party (AAP) government and the Centre for the past eight years, gave the Lieutenant Governor (LG) power over the services. It required the LG to consult the Chief Minister only at his “discretion”. The notification had excluded Entry 41 (services) of the State List from the scope of powers of the Delhi government.
