News2News.in Explainer: Kejriwal’s ‘struggle’ against the central ordinance continues, read whether he will win or not

News2News.in Explainer: Tension has increased between the Kejriwal government and the central government after the ordinance was brought by the Center in Delhi. After the decision of the Supreme Court, now with the coming of the ordinance of the Center, the hopes of transfer-posting of the officers of the Delhi government have been dashed. On May 11, a five-judge bench headed by Chief Justice DY Chandrachud, the Supreme Court of India, gave a big relief to the Delhi government and decided that apart from public order, police and land, all services would be under the control of the Delhi government. The Supreme Court had said in its decision that Delhi government will have control over these services i.e. transfer and posting of officers will be in the hands of Delhi government.

The Supreme Court had said in its judgment that Delhi is not a full state, but has a special status under Article 239AA. The court says that the officers should be controlled by the elected government, otherwise the collective responsibility of the administration will be affected. The Aam Aadmi Party government considered this order of the court as a big victory. But a week after this decision, on May 19, the Central Government issued an ordinance, which overturned the decision of the Supreme Court and the Central Government brought the National Capital Territory of Delhi Ordinance 2023. In such a situation, Delhi CM Arvind Kejriwal is touring various states to garner support so that the Modi government can be attacked in Lok Sabha and Rajya Sabha. So let us explain what the ordinance says and whether it is possible to challenge the ordinance or not.

what does the ordinance say

In the ordinance brought by the Center, it has been said that the right to take the final decision related to transfer and posting of officers has been given back to the Lieutenant Governor. This means that now only the Lieutenant Governor will get the transfer-posting of the officers done. Through an ordinance, the central government will set up a statutory body, the National Capital Civil Services Authority. Its authority will have three members, including the Chief Minister, the Chief Secretary and the Principal Home Secretary. This means that the decision of the elected chief minister can be overruled by two senior non-elected bureaucrats. Decisions in the Authority will be on the basis of majority and if the Lieutenant Governor does not agree with the decision of this Authority, he can send these decisions again to the Authority for reconsideration.

What do the parties to the ordinance say?

Proponents of the ordinance say that whatever decisions are taken in Delhi, they have national importance. Other citizens of the country are also affected by it. Also, the international image of the country is also affected by it. In such a situation, the central government should interfere in it.

Can the ordinance change the decision of the court

According to the Indian Constitution, the Parliament has the power to overturn the decision of the court by enacting a new law, provided that the law made by the Parliament does not directly contradict the decision of the court.

Is it possible to challenge the ordinance as well

The ordinance issued by the central government can be challenged in the court. After the challenge, the Chief Justice of the Supreme Court decides whether to form a constitution bench on the matter or not.

Preparation to stop the ordinance in Rajya Sabha

It is mandatory to pass any ordinance brought by both the houses of the parliament within six months. At present, the central government has sufficient majority in the Lok Sabha to pass the ordinance. But the central government has 8 members less than the majority in the Rajya Sabha, so the central government will have to take the support of the opposition parties to get the ordinance passed by the Rajya Sabha. But on the other hand Kejriwal government will try its best to stop this ordinance through opposition unity.

2024 semi-final for Kejriwal

Opposition parties are trying to fight the elections unitedly regarding the Lok Sabha elections 2024. Aam Aadmi Party also occupies an important place in the opposition parties. Presently you have government in two states. You also need the opposition the most at this time. The Kejriwal government is meeting leaders of opposition parties to stop the ordinance brought by the Center in the Rajya Sabha. Met Bihar Chief Minister Nitish Kumar and Deputy Chief Minister Tejashwi Yadav on Sunday. Nitish Kumar and Tejashwi Yadav have also supported the Delhi government regarding the ordinance. But, at present the stand of many opposition parties regarding the Aam Aadmi Party is not yet clear.

First order of the ordinance, Delhi government’s decision overturned

The first order was issued on Monday after the ordinance brought by the central government. The Delhi government had sealed the office of secretary Rajasekhar. Reversing this order, the ordinance has reopened the office of Secretary Rajasekhar from Monday. Let us tell you that Secretary Rajshekhar was investigating Chief Minister’s residence renovation and liquor scam and many other important matters.