In this March 9, 2023 file photo, Delhi LG VK Saxena and Chief Minister Arvind Kejriwal attend a function in New Delhi. , Photo Credit: PTI
IIn the last 10 days, we have seen both liberation and destruction of people’s will. The salvation lay in the hands of the Supreme Court, where a five-judge bench unanimously recognized the Delhi government’s control over administrative services. The sabotage was in the hands of the central government, which took away the Delhi government’s power to control the services by issuing an ordinance nullifying the effect of the Supreme Court’s decision and handing it over to officers appointed by the central government.
government in the dark
The story began in 2015, when the Union home ministry took back the elected Delhi government’s control over the services and gave it to a lieutenant governor (LG) appointed by the central government. Due to this the work of the Delhi Government was badly affected. There were day-to-day problems in the functioning of important departments as secretaries were changed from time to time. Frequent transfers of officers, before they could familiarize themselves with the departments in which they were working, undermined any possibility for vision, stability and efficiency in governance. In the two years of the pandemic, the Center changed Delhi’s health secretary eight times and derailed the Delhi government’s relief efforts.
In the past year and a half, decisions on appointments and transfers were made by the Services Secretary, the Chief Secretary and the Lieutenant Governor, while the elected government was kept in the dark. Since the government had no functional control, it could not punish the guilty officials. Delhi witnessed the highest number of vacancies of teachers, doctors, engineers, clerks and other employees as a result of mismanagement of the Delhi Subordinate Services Selection Board managed by the LG.
Most dishearteningly, many honest and efficient officers were often punished for their merits and subjected to punitive postings. It was not clear to them on whose instructions they would follow. On the one hand, they felt duty bound to respect the will of the people as expressed through the elected government, and on the other, they had to be under the functional control of the Lieutenant Governor.
On the strength of Home Ministry’s notification, the Services Department also refused to answer questions raised by legislators in the Legislative Assembly, which were related to important issues like vacancies, vigilance inquiries and corruption cases. Some senior officials also started attending the meetings called by the ministers. He avoided telephone calls and evaded responsibility for delayed, inefficient and inadequate action. Thus, important issues such as procurement of anti-smog guns, prevention of dumpsite fires, infrastructure maintenance framework, upgradation of sewage treatment schemes, supply of medicines to mohalla clinics and hospitals, and redevelopment of inter-state bus terminals have been addressed. Not given
Recognizing that the services in Delhi are to be controlled by the elected Delhi Government, the Supreme Court paved the way for an efficient, honest, responsible, accountable and compassionate bureaucracy. This ensured that the chain of accountability involving the people, the legislature, the government and the bureaucracy was restored. Empowered by the court’s decision, the elected Delhi government demanded transfers and postings of officers on the basis of their performance. He could take action against negligent officers. With the clarity provided by the Court, officials who felt suffocated in the previous system were eager to work towards the development of Delhi and the welfare of its people. The Delhi government planned to overhaul the bureaucracy, and sought to establish an efficient governance model, following the success of its health and education models.
what does the ordinance do
The Services Ordinance again hands over control of the Services to the unelected LG, who will exercise his discretion in these matters. The National Capital Civil Services Authority will see two bureaucrats appointed by the Center veto the ideas of the Delhi Chief Minister. This would enable the appointment of officials who do not execute government policies or attend meetings with ministers, and have no responsibility to answer for bureaucratic delays. Those who cooperate with the elected government will be removed, and even disciplinary action will be taken.
The Supreme Court’s judgment was a scathing indictment against the central government and its tendency to usurp the powers of the states and the National Capital Territory (NCT). But the ordinance undermines the value of citizens’ vote and cooperative federalism by bypassing the elected government in terms of services. This is an institutionalization of the Centre’s tendency to use the Governor/Lt Governor machinery to undermine democratically elected governments in non-BJP ruled States/NCTs. The decision of the Supreme Court will be remembered for decades. So what will be the service ordinance. While the verdict will be remembered as an endorsement for Delhi’s elected government and its people, the ordinance will be remembered as a blatant attempt to oust opposition-run governments and disenfranchise the people.
The Arvind Kejriwal-led government has a track record of delivering on its promises even in a hostile environment created by the Centre. While we pin our hopes on the Supreme Court to once again do justice to the people of Delhi, the Delhi government will continue to function in the face of adversity.
Kailash Gehlot is the law minister of Delhi