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Centre issues ordinance to overturn Supreme Court order on control of services in Delhi

The Centre on Friday issued an ordinance to once again take control of the services department of the the Delhi government. This comes days after the Supreme Court had given the control of services to the Delhi government.

Transfer and posting of officials have been a key area of friction between the Centre and the Arvind Kejriwal-led Delhi government. The AAP government had scored a major victory when the apex court ruled in its favour on the control of the service department. After getting control of services, Arvind Kejriwal said he would establish a new model of governance in Delhi.

Following the Supreme Court order, the AAP government removed several officers in various departments. It had also gone to the top court alleging that the Centre was complying with the court order. However, the ordinance today once again gives the Centre the power over transfer and posting of key officials.

Earlier today, the Delhi LG had written a letter to chief minister Arvind Kejriwal accusing the “conspiracy” to overturn the ruling and LG V K Saxena accusing the AAP dispensation of disregarding rules and procedure.

Earlier this month, in a unanimous verdict, the Supreme Court ruled that the Delhi government has legislative and executive powers over services except for public order, police and land.

Asserting that an elected government needs to have control over the administration, a five-judge constitution bench, headed by chief justice D Y Chandrachud, said the Union Territory of Delhi has “sui generis (unique) character” and refused to agree with the 2019 judgement of Justice Ashok Bhushan that the Delhi government has no power over the issue of services.

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