New Delhi: The Supreme Court had ruled in favor of the Delhi government regarding the transfer and posting of officers in Delhi. The central government has also filed a review petition in the Supreme Court.
In the Services case, a five-judge Constitution bench has sought a review of its decision. The Central Government has filed a review petition on the May 11 decision to give the right to transfer and posting of officers to the Delhi Government.
On May 11, a five-judge Constitution bench had said that the LG is bound by the advice of the Delhi government and the elected government of Delhi has the right to transfer and posting officers.
Along with this, the Modi government has issued an ordinance regarding the transfer-posting of officers in Delhi.
According to this, the central government will have the right to transfer the officers of Delhi. Sources say that the decision of the Constitution Bench of the Supreme Court has violated the concept of the basic structure of the Constitution.
Article 1 of the Constitution defines the territory of India as states and union territories. This means that the Union Territory will be governed only by the Centre.
The Constitution Bench constituted a special category for Delhi, which was named a specific new category. In this way, the Constitution Bench created a category which was not there yet and it is against the provisions of the Constitution. Even if it is considered a distinct new category, it cannot be denied that Delhi is a Union Territory UT.
It is the capital and UT of India, so it can be ruled by none other than the Centre. Article 239 AA of the Constitution provided for an assembly in Delhi to meet local aspirations.
The objective behind this has never been that the UT should be controlled by the local government and it should be outside the control of the central government.
Part 14 of the Constitution provides that the services are subordinate to the Centre or the state and not to the UT. The constitution bench’s decision to consider Delhi as a state is against the basic structure of the Constitution. The Constitution divides the powers between the Centre and the state.
The constitution bench’s decision curtails the powers of the Lieutenant Governor and so does the President.