The Delhi government has accused the Centre of defying a constitutional bench order on the control over bureaucrats and obstructing the transfer of a bureaucrat that they had ordered after a landmark judgment by the Supreme Court. The Arvind Kejriwal-led Aam Aadmi Party (AAP) government won a big victory when the Supreme Court’s Constitution Bench unanimously gave the Delhi assembly powers to legislate to represent the will of the people.
The bench noted that in a democratic form of governance, the real power of administration must rest on the elected arm of government and that the central government’s power in matters in which both the Centre and states can legislate “is limited to ensure that the governance is not taken over by the Central government”.
Before the court’s verdict, the Services Department was under the control of Delhi’s Lieutenant Governor. Following the ruling, the Kejriwal government removed the Secretary of the Delhi government’s services department Ashish More. A K Singh, a 1995-batch (AGMUT cadre) IAS officer who was formerly the CEO of the Delhi Jal Board, will replace him.
At a press conference, Chief Minister Arvind Kejriwal stated that there will be a significant administrative reshuffle in the government, and warned of action against officers who “obstructed” public work. The Delhi government’s move to the Supreme Court comes after the Centre’s alleged obstruction of the transfer of a bureaucrat that they had ordered after the court’s verdict on control over bureaucrats.
The Delhi government’s allegations have added fuel to the ongoing power struggle between the AAP government and the Centre. The Delhi government has frequently clashed with the Centre over issues such as control over bureaucrats and law enforcement agencies, with the Centre claiming that the Delhi government has limited powers due to its status as a union territory. However, the AAP government maintains that it has the same powers as other state governments and has been fighting for greater autonomy from the Centre.