The Government of India on May 19 promulgated an Ordinance extending the powers of the Delhi Lieutenant Governor (LG) over services in the administration of the national capital, which essentially involves the power to transfer and appoint bureaucrats posted to Delhi.
Key points
- The Ordinance seeks to undo the effect of the unanimous verdict of the five-judge Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud, which gave the Delhi government power over administrative services in the national capital.
- The Ordinance creates a new statutory authority – the National Capital Civil Service Authority (NCCSA) – which will be headed by the elected Chief Minister of Delhi in addition to the Chief Secretary and the Principal Secretary of the Home department.
- The NCCSA will make recommendations to the LG regarding transfer posting, vigilance and other incidental matters.
- All matters required to be decided by the body shall be decided by majority of votes of the members present and voting.
- This is not the first time that action has been taken to undo or reverse a decision of the Supreme Court, either through the promulgation of an Ordinance or by the passage of a law in Parliament.
- Innumerable decisions have so far been overturned in matters such as Shah Bano, the Vodafone case, enemy property, Jallikattu, etc.
- The Tribunal Reforms Bill was introduced in Lok Sabha on February 13, 2021. As the Bill remained pending at the end of the session, an Ordinance with similar provisions was promulgated in April 2021.
- In fact, the first constitutional amendment was passed to undo the SC’s judgment in Dorairajan (1950).
- The President has the power to promulgate ordinances on all the subjects on which Parliament can make laws.
- In Prithivi Cotton Mills (1969), the Validation Act was passed by Gujarat Assembly during the pendency of the writ petition to validate the tax, which had been declared as illegally collected by the court.
- Such an exercise of legislative power was upheld by a five-judge bench of the SC.
- The Court admitted that it is not in dispute that the legislature can pass a validating statute even with the retrospective effect. In fact, Parliament can pass a law even during the pendency of a case.
