Introduction
The Delhi Services Ordinance, promulgated by the central government on May 19, 2023, has been challenged in the Supreme Court on the grounds that it violates the principle of democratic accountability and collective responsibility. The ordinance gives the Lieutenant Governor (LG) of Delhi the power to appoint and transfer officers in the Delhi government, without the consent of the Chief Minister. This power was previously held by the Chief Minister.
The Supreme Court’s interpretation of Article 239AA of the Constitution is relevant to this case. Article 239AA gives the National Capital Territory of Delhi a “special status” that is somewhere between a state and a union territory. The court has held that this status gives the Delhi government the power to govern itself in most matters, including the appointment and transfer of officers.
Body
The Delhi Services Ordinance undermines the principle of democratic accountability in two ways. First, it gives the LG the power to appoint and transfer officers without the consent of the Chief Minister. This means that the Chief Minister is not accountable to the people for the actions of the officers. Second, the ordinance gives the LG the power to veto any decision made by the Chief Minister on matters relating to services. This means that the Chief Minister cannot be held collectively responsible for the actions of the government.
The Delhi Services Ordinance also undermines the principle of collective responsibility. This principle states that the members of a government must work together as a team and be accountable to each other. The ordinance gives the LG the power to appoint and transfer officers without the consent of the Chief Minister. This means that the Chief Minister cannot be confident that the officers will work with her to implement her policies.
Conclusion
The Delhi Services Ordinance is a serious threat to the principle of democratic accountability and collective responsibility. The ordinance gives the LG too much power and undermines the authority of the Chief Minister. If the ordinance is allowed to stand, it will make it difficult for the Delhi government to function effectively and will undermine the democratic process in Delhi.
The Supreme Court will have to decide whether the Delhi Services Ordinance is constitutionally valid. The court will need to balance the need for the central government to have some control over the Delhi government with the need for the Delhi government to have the power to govern itself. The court will also need to consider the implications of the ordinance for the principle of democratic accountability and collective responsibility.