Delhi gov moves to Supreme Court against Centre’s Ordinance regarding transfer posting of officers

Keywords: Aam Aadmi Party, Article 239AA, LG, Arvind Kejriwal, Transfer and posting of IAS

The Aam Aadmi Party government in Delhi petitioned the Supreme Court on Friday in response to the Centre’s law governing officer transfers and postings.

According to the petition, the Ordinance is unlawful since it fails to amend Article 239AA of the Constitution and transfers authority from an elected government to an unelected LG. The Centre issued an ordinance on May 19 giving it jurisdiction over the transfer and posting of IAS and DANICS officers in the national capital. The government of Arvind Kejriwal has labeled the action a violation of the Supreme Court’s ruling on service regulation.

The law was issued a week after the Supreme Court turned over control of services in the capital to the elected leadership, with the exception of police, public order, and land. Prior to the Supreme Court’s May 11 decision, all officers in the Delhi government were subject to the Lieutenant Governor’s executive supervision.

“On July 3, Delhi Chief Minister Arvind Kejriwal, cabinet ministers and all the MLAs will burn copies of the black ordinance at the ITO party office. Then on July 5, the copies of the ordinance will be burned across all 70 parliamentary constituencies. Between July 6 and July 13, copies of the ordinance will be set on fire at every nook and corner of Delhi. The seven vice presidents will ensure that they are burned in every area of Delhi,” said a minister in the Kejriwal cabinet.[1]

Written by- Satyanshu Sharma, College name- Rajiv Gandhi National University of Law, Patiala Semester- 2^ndAn intern under Legal Vidhiya

[1] LATEST LAWS, https://www.latestlaws.com/latest-news/delhi-govt-moves-supreme-court-centre-s-ordinance-on-transfer-posting-of-officers-201411/ (last accessed on 30^th June, 2023).

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