New Delhi8 minutes ago
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There will be a hearing on the central government’s Delhi Ordinance in the Supreme Court today. The court will decide whether to refer the matter to a constitution bench or not. Apart from this, the Supreme Court will also hear on the appointment of DERC chairman. Both these petitions were heard together by the Supreme Court on Monday.
The court had said – want to send the matter to the constitution bench
The central government had given the transfer-posting rights of officers to the Lieutenant Governor through the Delhi Ordinance. The Delhi government had reached the Supreme Court against this. On this, CJI Chandrachud said on Monday – We want to send this matter to the constitution bench of five judges. Then the constitution bench will decide whether the center can amend like this or not?
The Center filed an affidavit in the Supreme Court saying that Article 246(4) of the Constitution empowers the Parliament to make laws for any part of India and with respect to any matter not included in a state.
Court said – decide the name of DERC chairman together
On June 21, Lieutenant Governor Vinay Saxena appointed Umesh Kumar as the chairman of DERC. On July 4, there was a hearing on this in the Supreme Court. During this hearing, the Supreme Court had banned the swearing-in of Umesh Kumar.
The Supreme Court bench of CJI DY Chandrachud, Justice PS Narasimha and Justice Manoj Mishra had said in the last hearing that the Delhi government and Lieutenant Governor VK Saxena should decide the name of the chairman of DERC together.
Court said- Both LG and Chief Minister are on constitutional posts. These people should rise above fighting. Both sit together and decide the name of the chairman of DERC and tell us.
Lieutenant Governor Vinay Saxena appointed retired Justice Umesh Kumar of the Allahabad High Court as the chairman of the DERC.
The Center had overturned the order of the Center through an ordinance
The Supreme Court, in one of its decisions, had given the right of transfer-posting of officers in Delhi to the Delhi government. The central government reversed this decision by bringing an ordinance on 19 May.
According to the ordinance, the final decision on transfer-posting of officers in Delhi will be taken by the LG. The Chief Minister will have no right in this.
The Kejriwal government had challenged the Centre’s ordinance by filing a petition in the court on June 30. The first hearing in the matter was held on July 4, when the court issued notices to the central government and the lieutenant governor.
After the Center promulgated the ordinance, AAP leaders created ruckus to go to the LG office and meet him.
What is an ordinance?
When Parliament or Legislative Assembly is not in session, the central and state governments issue ordinances with the permission of the President or Governor depending on the immediate needs. It has the same powers as a law passed by the Parliament/Assembly.
It is mandatory to present the ordinance in the house in the next session of the Parliament or the State Legislature within six months. If the house passes that bill, it becomes a law. While it lapses if it is not passed by the house within the stipulated time. However, the government can also issue the same ordinance again and again.
Also read other news related to the ordinance of the Center…
LG will work on the advice of the Delhi government, the Supreme Court said – If the government does not have control over the officers, they will not be responsible
On May 11, the Supreme Court gave a verdict in favor of the Kejriwal government in the matter of transfer posting of officers in Delhi. The court said – only the elected government will have control over the government officials in Delhi. A 5-judge constitution bench said in a unanimous opinion – except for public order, police and land, the lieutenant governor will work with the advice and cooperation of the Delhi government in all other matters. Read full news…
Center issues ordinance on rights of Delhi government, transfer-posting rights will remain with Lieutenant Governor
On June 19, the central government issued an ordinance regarding transfer, posting and vigilance rights of officers in Delhi. Through this, the Central Government will constitute the National Capital Civil Services Authority. This authority will have Delhi CM, Chief Secretary and Principal Home Secretary. This authority will take decisions in matters like transfer, posting and vigilance and send recommendations to the LG. Read full news…
CM Kejriwal also got the support of MK Stalin, Tamil Nadu CM said – We are with Delhi against the ordinance
Delhi Chief Minister Arvind Kejriwal met Tamil Nadu Chief Minister MK Stalin. Punjab Chief Minister Bhagwant Mann was also present with him. After the meeting, Stalin said in the press conference – We discussed the ordinance of the Center against the Delhi government today. It is undemocratic and unconstitutional. Read full news…