Delhi News / Center files review petition regarding transfer-posting case in Delhi

Vikrant Shekhawat : May 20, 2023, 01:27 PM
Delhi News: The Central Government has filed a review petition regarding the decision of the Constitution Bench of the Supreme Court. According to sources, it has been said that the Government of India issued an ordinance regarding Delhi because many discrepancies have arisen from the decision of the Constitution Bench. The way for this ordinance is open only by the decision of the constitution bench. In which it has been said that the central government has the right to make laws in this through the parliament.

Many claims have been made regarding why the central government brought an ordinance for the appointment and transfers of officers in Delhi. Sources say that the decision of the Constitution Bench of the Supreme Court has violated the concept of the basic structure of the Constitution. Article 1 of the Constitution defines the territory of India with states and union territories. This means that the Union Territory will be governed only by the Center.

The Supreme Court constituted a new category

According to sources, the constitution bench formed a special category for Delhi, which was named as a special new category. In this way, the Constitution Bench created a category which did not exist till now and it is against the provisions of the Constitution. Even if it is considered as a distinct new category, it cannot be denied that Delhi is a Union Territory (UT).

Only center can rule in UT

He said that it is the capital and UT of India. That's why it can be ruled by no one else but the Center only. In Article 239AA of the Constitution, a provision of Legislative Assembly was made in Delhi so that local aspirations could be fulfilled. The objective behind this has never been that the local government should have control over the UT and it should be out of the control of the central government.

Powers have been given to the Lieutenant Governor

There is a provision in the 14th part of the constitution that the services are under the center or the state and not under the UT. The decision of the constitution bench to recognize Delhi as a state is against the basic structure of the constitution. The constitution divides the powers between the center and the states. The decision of the Constitution Bench curtails the powers of the Lieutenant Governor and thus of the President. The Constitution provides that the administrative head of the UT is the Lieutenant Governor, whereas this is not the case with the Governors of the States. By comparing the LG with the Governor, the constitution bench has reduced his power. The Constitution Bench has considered the recommendations of the Council of Ministers to be binding on the Lieutenant Governor in matters of services, while the services come under the sphere of the Center.