Ordinance Passed To Nullify SC Order
Context:
The Lieutenant-Governor (L-G) is now the official administrator of Delhi, according to an ordinance introduced by the Union government on Friday. The L-G has the last say in all decisions on postings and transfers for all officials working for the Delhi government.
Ordinance
- Ordinances in India are legislative instruments that are issued by the President of India or the Governor of a state on the recommendation of the Union Cabinet or the State Cabinet, respectively.
- Legislative Power: Articles 123 and 213 of the Indian Constitution, respectively, grant the central and state governments the authority to enact ordinances. When Parliament or the State Legislature is not in session, these provisions give the President and Governors the authority to enact ordinances.
- Ordinances are temporary pieces of legislation that have the same legal standing as acts of Congress or state legislatures. They must, however, receive the appropriate legislature’s approval within a certain time frame. If rejected, they stop operating.
- Need for Immediate Action: Ordinances are typically proclaimed when there is an immediate need for the legislation since waiting until the legislature’s next session would result in delays. It enables the government to deal with urgent issues right away.
- Subject Matter: Any topic that Parliament or the State Legislature has the authority to legislate on may be the subject of an ordinance. They can deal with a variety of topics, including, but not limited to, finance, taxation, criminal law, public order, and property acquisition.
- Parliamentary Approval: Ordinances must be authorised by the appropriate legislature within six weeks of their reassembly to become permanent legislation. They expire if they are rejected. But if the ordinance passes, it is enacted permanently and has the same impact as other laws.
- Judicial Review: The courts have the authority to review ordinances. If an ordinance is determined to be ultra vires (beyond legal power), the courts have the authority to review its legality and constitutionality and to invalidate it.
- Controversy and Criticism: The adoption of ordinances has occasionally sparked controversy. Critics contend that it weakens the function of the legislative and avoids the debate and discussion process. They claim that using ordinances is only appropriate in special cases.
- Limitations imposed by the Constitution: The Constitution places restrictions on the adoption of ordinances. For instance, an ordinance cannot be passed on issues that are expressly reserved for the approval of the President or Governor or on issues involving the court.
- Public Accountability: The public holds the government responsible for the adoption of ordinances. The State Legislature or Parliament debates and discusses the ordinances, giving representatives a chance to challenge the government’s decisions and offer input.
- Supplementing the Legislative Process: Although ordinances are essential for dealing with urgent issues, they are only supposed to be temporary solutions. The primary means of enacting legislation in India continues to be through the traditional legislative procedure, which includes hearings, committees, and public input.
- Background: The Supreme Court’s ruling on May 11 gave the Arvind Kejriwal-led Aam Aadmi Party (AAP) administration in Delhi the authority to enact laws and manage the bureaucracy, prompting the Union government to issue the ordinance.
- Changing the Act: The Government of National Capital Territory of Delhi Act, 1991, is being modified by the ordinance.
- Administrator L-G: The Lieutenant-Governor is designated as the administrator of Delhi by the ordinance, and they have the last word in any postings or transfers of any officials working for the Delhi government.
- The National Capital Civil Service entity (NCCSA), a new entity for Delhi, is created by the ordinance. The NCCSA will be led by the Delhi Chief Minister, and its other two members will be the Delhi Chief Secretary and Principal Home Secretary.
- Making Decisions in Authority: All Group A officials and DANICS officers based in Delhi would be subject to NCCSA decisions regarding transfers, postings, and vigilance. The majority of the members present and voting will decide the matter.
- Role of the Lieutenant Governor: The L-G will issue instructions to put the NCCSA’s recommendations into action. The Lieutenant Governor, however, has the right to request pertinent information about DANICS and All India Services personnel who work for the Delhi government. If the L-G rejects the recommendation, they can send it back to the Authority for revision along with a written justification.
- Final judgement: In the event of a disagreement, the Lieutenant Governor’s decision shall be definitive, according to the ordinance.
