The Central Government has issued a new ordinance, which can give back the right of transfer posting to the Lieutenant Governor.
Delhi Regarding the right of transfer posting in Central government Has issued a new ordinance on Friday. The new ordinance says that the final decision regarding the transfer and posting of officers in Delhi Lieutenant Governor (LG) Who will be The central government has brought this ordinance after the decision of the Supreme Court in which the court had said that the rights of transfer posting in Delhi will remain with the Delhi government. Now the Center has overturned the decision of the Supreme Court through its ordinance.
Know what is an ordinance, what the Supreme Court had said in its decision, how long it will take for the ordinance to become a law and how much it will change.
What is ordinance?
When the government wants to make a law to deal with a particular situation, it first brings an ordinance. This is a kind of official order. It is brought when the government plans to pass a law in emergency, but it is not getting the support of other political parties. In such a situation, the government can pass the law through that ordinance.
Under Article 123 of the Indian Constitution, an ordinance is issued by the President at the behest of the government when no session is going on in the House. This is the legislative authority of the President. The duration of an ordinance is 6 weeks. Which the central government sends to the President to pass it.
4 big things about the ordinance of the Center
- 4 big things have been said in the ordinance of the central government. First, a National Capital Civil Services Authority (NCCSP) will be formed for transfer-posting in Delhi.
- The Chief Minister of Delhi, the Chief Secretary and the Secretary of the Home Department will be included in this authority. Any decision will be on the basis of majority.
- Even if the Chief Minister does not attend the meeting of the Authority, the meeting will be valid and all the recommendations of the Authority will be sent to the Lieutenant Governor. And the final decision will be theirs.
- However, it will depend on the Lieutenant Governor whether he accepts those recommendations or not. The Legislative Assembly of Delhi will not have the right to make any law in that matter regarding the officers of the Center and the State.
On the order of the Supreme Court, the center which screwed up
The matter regarding transfer posting has been stuck for a long time. This matter reached the Supreme Court. The Supreme Court, while giving the decision in favor of the AAP government, said that the transfer and posting of officers is the right of the Delhi government. The court said two big things in its order. First, the center has authority over law and order, matters related to land, public order and police in Delhi, but the administrative authority in other matters will remain with the Delhi government. This decision of the Supreme Court was called a big victory for the AAP government in Delhi.
What will happen next?
Now the Center will have to present this ordinance in the House within the next six months. If this is passed it will turn into law. If it doesn’t then it will expire. However, the government can go for the ordinance again. If this becomes a law, then the decision of the Supreme Court will not be applicable and the right of transfer posting will come to the Lieutenant Governor because in such a situation the final decision will be valid only.