Lt Governor Has Only Limited Powers In Services Matters: AAP Leader Atishi

Delhi Services Minister Atishi on Friday wrote to Lieutenant Governor VK Saxena asserting that powers not conferred on him in relation to services matters are to be exercised by the elected AAP dispensation, a day after she accused the chief secretary of not obeying her orders.

The minister stated that she had received a note from Chief Secretary Naresh Kumar that despite removal of Section 3A from the GNCTD (Amendment) Act, effective executive control over all matters related to "services" and "vigilance" will lie with the central government and the lieutenant governor, and not with the elected government.

"The elected government disagrees with this legal interpretation," Atishi said in her letter to the Lt Governor.

Section 3 A was part of the services ordinance brought by the Centre on May 19 this year that prevented the Delhi Assembly from making laws related to services matters and consequently, the executive power of the elected arm of the Delhi government over services was also excluded, she said.

The ordinance was brought into effect around a week after the Supreme Court, in a crucial judgement on May 11, provided executive control to the elected government over services matters related to Delhi. Prior to the court order, the Centre exercised hold over services matters through the Lt Governor.

The minister asserted that the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2023, that replaced the ordinance, accords only "specific powers" to the LG in relation to services that are to be exercised on recommendations of the newly created NCCSA headed by Chief Minister Arvind Kejriwal.

"In light of the order of the Supreme Court and the GNCTD Amendment Act, all other powers in relation to services which have not been conferred on the Lieutenant Governor or the Authority are to be exercised by the elected Government of Delhi, comprising the Council of Ministers," she said in her letter.

Atishi, who also holds the vigilance portfolio in the Delhi government, on Thursday accused the chief secretary of not obeying her and defying her orders for a coordination mechanism to hold meetings of NCCSA.

The National Capital Civil Services Authority (NCCSA) comprising three members - the Chief Minister, chief secretary and the principal secretary (home) - deals with services matters including transfer and posting of officers in the Delhi government.
 

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