NEW DELHI: Hours after centre promulgating GNCTD Amendment Ordinance, 2023 restoring to itself the power over “services”, centre has approached the Supreme Court seeking review of its May 11 verdict that granted NCTD the legislative and executive power over all the services except the matters relating to land, public order and police which are with the centre.
The power was granted by the five-judge bench of CJI DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha while ruling unanimously that L-G is bound by aid and advice of the NCT government except the matters relating to land, public order & police and it is ideal to hold that a democratically elected government shall have control over its officers.
Laying emphasis on the triple chain of command connecting civil servants with people of country at large or any of its federal units, CJI DY Chandrachud in 105 page verdict authored by him had said that principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers and the principle of collective responsibility would be effected in case of officers not reporting or failing to abide by the directions.
“If a democratically elected government is not provided with the power to control the officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant. That is to say, if the government is not able to control and hold to account the officers posted in its service, then its responsibility towards the legislature, as well as the public, is diluted. The principle of collective responsibility extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected. A democratically elected government can perform, only when there is an awareness on the part of officers of the consequences which may ensue if they do not perform. If the officers feel that they are insulated from the control of the elected government which they are serving, then they become unaccountable or may not show commitment towards their performance,” the bench said.
Although the centre has sought review of the verdict, the new ordinance introduced a new chapter in the GNCTD Act, Part IVA, wherein a new service commission has been created for Delhi the first time. The move makes the LG the final authority who can act on his 'sole discretion' in deciding the matters relating to transfer and posting of bureaucrats.
