Delhi Chief Minister Arvind Kejriwal on Saturday said his government will challenge in the Supreme Court the Centre's "unconstitutional" ordinance on the transfer and posting of bureaucrats in Delhi, while the Bharatiya Janata Party asserted that the move was necessary as the Aam Aadmi Party dispensation was "intimidating" officers and "misusing" its powers.
Addressing a press conference at his residence, Kejriwal said the ordinance was a "direct challenge" to the "majesty and power of the Supreme Court".
The Aam Aadmi Party has charged that the ordinance, promulgated Friday night, "overturns" the May 11 apex court order giving the elected government in Delhi the control over services matter. The development has set the stage for an intense confrontation between the Arvind Kejriwal dispensation and the Centre and the Lt Governor.
It is an "insult" and contempt of the court, the chief minister alleged and added it seems that if the court comes out with any judgement against the Centre, they will overturn it.
He alleged that the ordinance was an attack on the country's federal structure and appealed to Opposition parties not to let the passage of the related bill in the Rajya Sabha. He added he would also meet with leaders of these parties.
"I will also go to people, door to door, in Delhi and the AAP will take to the streets against the ordinance because it snatches powers of Delhi people," the AAP convener said and alleged the ordinance was a ploy to stop his government's work.
The party will also hold a "Maharally" against the Centre's move, he said.
Kejriwal alleged the Centre was attacking on the federal structure of the country by preventing elected governments from functioning.
Virtually nullifying the May 11 Supreme Court order, the Centre promulgated the ordinance on Friday to create a National Capital Civil Service Authority for transfer of and disciplinary proceedings against IAS and DANICS cadre officers.
The Centre's ordinance has also reinstated the final authority of the Delhi lieutenant governor in transfers and postings of bureaucrats and solidified his role as an administrator empowered to take decisions on proposals considered or decided by the elected government.
The chief minister will be the chairperson of the authority and the chief secretary and the principal home secretary its members.
All matters required to be decided by the authority will be decided by a majority of votes of the members present and voting.
In case of a difference of opinion, the decision of the LG would be final.
Criticising the move, Kejriwal said, "The Centre's ordinance on services matter is unconstitutional and against democracy. We will approach SC against it. The Centre brought the ordinance to overturn the SC verdict on services matter just hours after the apex court has shut for vacation."
He also questioned the Centre's review petition filed against the SC verdict.
"What is the need for the review of the SC verdict when they have already nullified the SC verdict by bringing the ordinance.... They know the ordinance will not survive even for five minutes in the court," he said.
He charged that the Centre was planning to overturn the SC verdict just after it was delivered on May 11. "It's a vulgar joke with the Delhi people and a slap on their faces," he alleged.
Kejriwal said the work of AAP government might slow down due to the ordinance but it will not stop and he will not let the work get affected.
Hitting back at the Aam Aadmi Party, Delhi BJP president Virendra Sachdeva said Delhi is the national capital and whatever happens here has an impact all over the country and the world.
Sachdeva said that the ordinance was necessary for maintaining Delhi's dignity.
"Will you (Delhi government) resort to hooliganism and intimidation of officers, and misuse power under the cover of the Supreme Court verdict," he asked.
Sources said that the central government was forced to promulgate the ordinance that created a special authority to look into appointments and postings of senior civil servants because of the Delhi government's regular "instigation" and "acrimonious attacks" on the Centre and the city's unique character.
The aggressive nature of the state government's moves, most of which appeared primed to instigate the central government, was contrary to earlier years when despite different parties ruling the Centre and Delhi, there rarely ever were such acrimonious attacks on the Centre, they said.
On its part, the Aam Aadmi Party slammed the Centre for nullifying the SC order, alleging that the move was "brazen assault on the democratic principles that the country upholds".
AAP leader Atishi said that the Centre's ordinance shows that "Prime Minister Narendra Modi is scared of Chief Minister Arvind Kejriwal" and the power of honest politics.
She alleged that the central government has hastily introduced the ordinance aimed at undermining the power of the elected Delhi government.
"This audacious attempt to snatch away the authority granted to the Delhi government by...the Supreme Court is a brazen assault on the democratic principles that the country upholds," she alleged.
