SC’s stand on the Delhi government ordinance.
SC’s stand on the Delhi government ordinance.
News2News.in Explainer: The matter of controversy that started with the transfer posting of officers in Delhi has once again reached the Supreme Court. The Delhi government has once again reached the Supreme Court against the ordinance brought by the Central Government. On this, the Delhi government says that the ordinance brought by the central government is completely immoral and unconstitutional. In the petition filed in the Supreme Court, the AAP government has demanded that the central government’s ordinance be immediately stayed. Let us know through today’s News2News.in explainer whether the ordinance brought by the Central Government can be banned or not.
First know what has happened so far
The transfer-posting of officers in Delhi was done by the Lieutenant Governor. Against this, the current government of Delhi had filed a petition in the Supreme Court. The court ruled in favor of the Delhi government and transferred the authority of transfer-posting of officers from the Deputy Governor to the Delhi government. After this, the Central Government issued an ordinance to set up the National Capital Public Service Authority for transfer of Group-A officers in Delhi and for disciplinary action against them. After this ordinance, the order of the Supreme Court became inactive. Arvind Kejriwal’s government is fiercely opposing this ordinance. Along with gathering support from the opposition parties, preparations are on to challenge this ordinance in the House. On this ordinance, the Delhi government alleged that the central government is not even obeying the order of the Supreme Court and is disrespecting the decision of the court by bringing the ordinance.
Know what is ordinance
Article-123 of the Indian Constitution describes the powers of the President to issue ordinances. If there is a matter on which immediate legislation is required and the Parliament is not in session at that time, then an ordinance can be brought. The power of an ordinance remains the same as that of a law passed by the Parliament. Ordinance can be withdrawn. But, citizens cannot be deprived of their fundamental rights by any ordinance. This means that the Ordinance cannot be invoked on any of the fundamental rights. On the recommendation of the Union Cabinet, the President issues it by signing the Ordinance. Since the power to make laws rests with the Parliament. In such a situation, the ordinance needs the approval of the Parliament. It is mandatory to pass any issued ordinance in the Parliament within six months.
In states, the governor has the power to issue ordinances. There is a provision for this in Article 213 of the Constitution. It is the same in the state also that if the session of the Vidhansabha is not going on and it is necessary to make a law, then the Governor can issue an ordinance on the advice of the Council of Ministers. It is also mandatory to get the ordinance passed by the assembly within six months of issuing it.
Can Supreme Court’s decision be changed?
The Parliament has the right to overturn the decision of the court by enacting new laws. However, the law made against the decision should not be directly against the decision of the Supreme Court. But the Parliament cannot enact any law, nor can it amend the Constitution, which violates the basic structure of the Constitution. In 2018, the Constitution Bench by a majority had ruled that Delhi may not be given full statehood, but the principle of federalism would apply there.
Is it possible to change the ordinance of the central government
The Supreme Court had said in its decision regarding an earlier case that the decision of the President can be challenged. Which means that the ordinance of the Central Government can also be challenged. With reference to the 1970 RC Cooper vs Union of India case, the Delhi government has once again reached the court. There are many cases when ordinances issued by the President have been challenged. In most of the cases, the courts have ruled in favor of the ordinance and have refrained from questioning the powers of the President.
Will protest by burning a copy of the ordinance
The Aam Aadmi Party said on Friday that Chief Minister Arvind Kejriwal will register a protest by burning copies of the unconstitutional ordinance at the central office of the Aam Aadmi Party on July 3. AAP spokesperson and Delhi minister Saurabh Bhardwaj said that on July 3, Delhi Chief Minister Arvind Kejriwal, cabinet ministers and all MLAs will burn copies of the black ordinance at the ITO party office, followed by burning copies of the ordinance in all 70 parliamentary constituencies on July 5. .
