After the intial orders from Apex court which stated the Union has the jurisdiction of administration works and diplomatic privileges in India’s Capital Area removing the subject of law &order , State security agencies and territory, the union govt has passed a decree to include Civil services Institution in New Delhi.
According to passed decree, the institution’s chairman will be State’ de fact’ and will contain chief secretary and home security of province government. The power is given to decide the shuffling of White collar officials and union government officials in state government.
The order stated that “ The non- temporary power is being structured to bring Article 239 AA into reality and so it is being issued to provide assistance to L.G in respect to issues focusing on shuffling of officials, Security and other issues. In any conflict the order of L.G is of highest order and must be followed.
After issue of the decree it has resulted in very high level of politics . The statements the decree stated that decree is as per the decision given by sitting judges team which stated that lieutenant has to follow the order by state executive over the domain administrative works.
The team of judges which includes C.J.I D.Y Chandrachud, Justice Shah, Justice K.Murari, Justice H. Kohli , and Justice Narasimha had stated that if services were exempted from the legislative and executive domain of GNCTD, the Ministers and the Executive who were in charge of formulating policies in the territory of NCTD would be excluded from controlling the civil service officers who implement such executive decisions.
Although the decree is being seen as violation of apex court’s order.
Name :- Shivraj Kadlimatti , Class :- 2nd-year B.B.A.L.L.B , College:- Army Law college pune intern under legal vidhiya
