Delhi becomes a question of prestige for LG and AAP

On May 19, 2023, a few days after giving full authority to the elected government of Delhi to appoint and transfer class I officers in Delhi, the central government overturned it by bringing an ordinance. It has been said in it that the National Capital Service Authority will be formed for the appointment and transfer of these officers.

Manoj Kumar Mishra

The tussle between the Lieutenant Governor of Delhi and the Arvind Kejriwal-led Aam Aadmi Party (AAP) government on the pretext of the BJP government at the Center has become a prestige issue for both. The people of Delhi are getting upset due to the competition between the two to humiliate each other.

The decision given by the Constitution Bench of the Supreme Court on May 11, 2023, has been happening since the formation of the Legislative Assembly in 1993. That is, the appointment and transfer of top officials of Delhi has been done by the Lieutenant Governor only on the advice of the Chief Minister. Delhi is a Union Territory and Delhi does not have its own cadre of officers.

Delhi’s IAS (AGMU) cadre and PCS officers i.e. DANICS (Delhi, Andaman-Nicobar, Lakshadweep, Daman and Deep, Dadar and Nagar Haveli Service) are posted in all Union Territories, hence they are controlled by the Union Ministry of Home Affairs .

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AAP’s refusal… TMC’s no and suspense on Congress, opposition’s ‘boycott politics’ regarding the inauguration of the new Parliament House

On May 19, 2023, a few days after giving full authority to the elected government of Delhi to appoint and transfer class I officers in Delhi, the central government overturned it by bringing an ordinance. It has been said in it that the National Capital Service Authority will be formed for the appointment and transfer of these officers. This three-member authority will be headed by the Chief Minister of Delhi. Its secretary will be the chief secretary of Delhi and the member will be the principal secretary (home) of Delhi. The decision will be by majority. Final approval will be taken from the Lieutenant Governor of Delhi.

Many opposition parties, including AAP, have come out openly against this ordinance. You are preparing to go to the Supreme Court again. At the same time, the Central Government has filed a review petition in the Supreme Court on the decision of the Constitution Bench of the Supreme Court on May 11. The conflict between the Delhi Government and the Central Government is there since the beginning. No government that has come to power at the center has agreed to easily extend the authority of the Delhi government.

By making rules, the Delhi government reduced the rights of the Municipal Corporation of Delhi and took sewer, DTC, major roads, electricity, water, fire service, home guard etc. from it. Even Sheila Dikshit, who was the Chief Minister for the longest time in Delhi, could not take even a single more authority of her party in the central government.

She wanted that DDA should be given to the Delhi Government, when she did not succeed, then she wanted to divide the Delhi Police into three parts and bring the Police Station and the Traffic Police under the Delhi Government, but she did not succeed in this also. Then a minister of the central government had said that the powers of the Delhi government cannot be increased.

Delhi cannot become a full state

Right now there is a government of different parties at the Center and in Delhi. It is constantly being proved that whenever efforts are being made to curtail the authority of the Central Government ie the Lieutenant Governor, the Central Government is overturning it in one way or the other. Whereas in this Delhi, the Delhi government with the same rights used all the rights that normal states get in harmony. It has been proved time and again that whenever there has been a conflict, the powers of the Delhi government have decreased and whenever there has been a reconciliation, the powers have increased.

Actually the fight for the rights of Delhi will not end after the Supreme Court’s decision because many things are yet to be decided. The constitution bench of 2018 strengthened the government of Delhi in its decision but fixed its limits by saying that Delhi will remain a union territory and cannot become a state.

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Talk to Nitish, support of Congress, now Mamata said – I am also against the ordinance, has Kejriwal’s path become easier?

Parliament through the 69th Amendment in December 1991 gave the National Capital Territory of Delhi a legislative assembly with limited powers under constitutional provisions (Articles 239AA and 239AB). Parliament passed the National Capital Territory Act-1991 to explain in detail its rights due to the Union Territory getting the Legislative Assembly.

It clearly states that Delhi will remain a union territory in practice. Delhi will be called the National Capital Territory and its administrator will be called the Lieutenant Governor. It will have an assembly.

With a view to constitute the Legislative Assembly, the Lieutenant Governor issued a notification on 6 October 1993 announcing elections to constitute the first Legislative Assembly for the National Capital Territory of Delhi, Delhi. The BJP won the elections held in December 1993. In the very first session of the Vidhansabha, on August 9, 1994, a proposal was presented by the BJP to give statehood to Delhi.

From 1998 to 2004, the BJP, which ran the movement for full statehood for Delhi, was in power at the centre. During that time the BJP leaders were keeping silence on this. Under pressure from the Congress and to respond to the public in the 2003 Delhi Assembly elections, the then Home Minister LK Advani introduced the Delhi State Bill (Bill No. 68 of 2003) on August 18, 2003.

In that too, the New Delhi Municipal Council (NDMC) was separated from the proposed governance and there was a provision to get the police and public administration working through the Lieutenant Governor. It was sent to the Standing Committee of the Ministry for detailed study. The chairman of the committee was Pranab Mukherjee, who later became the President. Only two meetings of that committee could be held and with the dissolution of the Lok Sabha, the Bill also became a thing of history.

The AAP government has launched a campaign to make Delhi a state at every level. It is constantly being proved that political benefits can be taken from the confrontation, neither Delhi can be benefited nor Delhi’s rights can increase. If both the parties are serious about Delhi, then they will have to walk on the path of coordination instead of confrontation.

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