AAP to challenge Centre's Ordinance in SC, hit streets

Insisting that the BJP would be wiped out in the next election, the Delhi CM said AAP would hold a ‘maha rally’

A late-night ordinance clipping the wings of the Delhi government after a Supreme Court judgement gave it the power to control officers has triggered a confrontation, with the AAP all set to mount a legal challenge once again against the Narendra Modi government and hit the streets against the BJP with a ‘maha rally’.

Eight days after the apex court gave the AAP-led Delhi government powers to appoint and transfer bureaucrats other than those related to public order, police and land, the Modi government notified an ordinance on Friday at 9:55 PM that virtually allowed two bureaucrats to veto the Chief Minister.

Read | Centre issues ordinance on transfer, posting of Group A officers in Delhi, AAP cries foul

According to the ordinance, a National Capital Civil Service Authority will be set up with the Chief Minister, Chief Secretary and Principal Home Secretary to be members to decide on postings and transfers. If the two bureaucrats appointed by the Centre get together, they can stall the Chief Minister’s choice in a voting.

BJP defended the ordinance with former Law Minister Ravishankar Prasad alleging that the AAP government was harassing officials while Chief Minister Arvind Kejriwal sounded the war bugle, saying his government would challenge the Union government’s move, which he claimed was brought in hours after the Supreme Court went on vacation.

“The Centre was waiting for the court to go on vacation… The Centre is challenging the Supreme Court that it will bring an ordinance if they rule against it. The power and majesty of the Supreme Court is challenged, it is an insult and direct contempt of court,” Kejriwal told a press conference.

Insisting that the BJP would be wiped out in the next election, he said AAP would hold a ‘maha rally’ and reach out to every household. He also appealed to all Opposition parties to defeat the Bill to replace the ordinance when it comes to Rajya Sabha.

Arguing that the ordinance was negation of basic structure of Constitution, he said the Supreme Court would throw out the ordinance in five minutes when the AAP approaches it when the court returns from vacation on July 1. He also questioned why an ordinance was brought in when the Centre had already filed a review petition.

He also claimed that it did not rush to bring the ordinance as it feared that the court would immediately throw it away and that was why it waited for eight days to bring it. “First the Services Secretary went incommunicado for three days, the Chief Secretary then took three days to hold the meeting, and after that the LG took another two days,” he claimed.

The AAP has decided not to let the issue pass, and fielded a series of senior leaders to attack the union government. It questioned the timing of the ordinance, which it said was "unconstitutional" and an attempt to "snatch" power given to the government by the apex court.

AAP Rajya Sabha floor leader Sanjay Singh told reporters that the ordinance made it clear that the Centre does not want the Kejriwal government to function.

"The Centre doesn't obey the court and it doesn't care about the Constitution. It disregarded a court order by bringing the ordinance. The Centre only wants dictatorship. It does not believe in the Constitution or laws of the country and this is why it brought the ordinance. This matter will definitely go to court,” he said.

Delhi Minister Atishi claimed that the Modi government deliberately chose to bring the ordinance at a time when the Supreme Court has closed for summer vacation. "The Centre deliberately chose to bring this ordinance last night. The Supreme Court has closed for vacation for six weeks and this is a deliberate attempt to hamper work," she alleged.

She said, "the authority will take decisions on the basis of majority. That means decisions will be taken by the Centre's bureaucrats. If it takes any decision that the Centre doesn't like, then the LG will have the power to reverse the decision."

Read | Delhi-Centre power row: Supreme Court rules in favour of Delhi government, says it has control over services

AAP appeared to have an inkling of what was in store, as Chief Minister Kejriwal himself hinting about the possibility of an ordinance to nullify its powers and sent his ministers to Lieutenant Governor VK Saxena to clear the file of transfer of Services Secretary Ashish More.

High drama was witnessed at the LG House, as the ministers waited outside Raj Niwas for around 90 minutes before they were called inside. However, Saxena did not budge and late in the evening, the Ministry of Law and Justice issued the ordinance.

The Kejriwal government had moved a file to transfer More out of the Services Department but for almost 48 hours, he did not initiate file movement and went incommunicado. The LG also dug in heels, apparently as the Union Government was working on the ordinance.