AAP to take ordinance battle to Supreme Court

In a striking display of defiance, Delhi’s Chief Minister, Arvind Kejriwal, along with his Aam Aadmi Party (AAP) members, plan to set ablaze copies of the Centre’s recently passed ordinance on July 3, symbolising their rejection of the legislation that they claim undermines the democratic governance of Delhi.
In an eventful press conference on June 30, AAP’s chief spokesperson Saurabh Bhardwaj laid out a fiery protest plan against the ordinance. This contentious decree pertains to the transfer and posting authority of IAS and DANICS officers in Delhi, a decision which the AAP argues subverts the recent Supreme Court verdict and infringes upon the rights of the elected government.
“The symbolic burning of the ordinance represents our collective rejection of the Centre’s overreach into Delhi’s administration,” Bhardwaj stated. From July 3 to July 13, this act of dissent will be replicated in every corner of Delhi’s 70 assembly constituencies, indicating the party’s comprehensive rejection of the ordinance.
The AAP’s primary concern centres around the ordinance’s intention to establish a National Capital Civil Service Authority. This body would handle the transfer and disciplinary proceedings of Group-A officers, a responsibility formerly held by the Lieutenant Governor. The AAP believes this ordinance directly contradicts the May 11 Supreme Court ruling, which entrusted the elected government with control over services, barring police, public order, and land matters.
This protest follows a maha-rally held on June 11 against the ordinance, indicating the AAP’s escalating efforts to challenge the Centre’s governance decisions.
In a move that further underscores their opposition, the Delhi government has approached the Supreme Court to challenge the constitutionality of the ordinance. According to them, it violates the federal democratic governance scheme entrenched in Article 239AA and is manifestly arbitrary, attempting to override the Constitution’s basic structure.
Arguing the ordinance’s violations in-depth, the Delhi government’s plea suggests that it wrests control over civil servants from the elected government, allocating it to the unelected Lieutenant Governor. They allege this move undermines democratic governance and regional will, effectively attempting to transfer the administration of the National Capital Territory of Delhi (GNCTD) to the Union of India.
The Delhi government has demanded an immediate interim stay and the ordinance’s quashing, viewing it as a setback to the democratic and federal form of governance which they believe is a fundamental feature of the Constitution.
Detailing the ordinance’s provisions, it plans for the National Capital Civil Service Authority to consist of the chief minister of Delhi, the chief secretary, and the principal home secretary. It is entrusted with the responsibility to recommend transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Delhi government.
This unfolding political saga started with a Supreme Court verdict on May 11, establishing that the Delhi government possesses legislative and executive powers over administration of services except for public order, police, and land.