NEW DELHI: The promulgation of the National Capital Territory of Delhi (Amendment) Ordinance, 2023, has taken the assault on democratic federalism to a new level, the CPI(M) alleged on Thursday.
It is a "brazen authoritarian move" which nullified the Supreme Court's landmark decision on the Delhi government's control over administrative officers under its jurisdiction, the party claimed in the latest edition of its mouthpiece People's Democracy.
The Centre last Friday promulgated the ordinance to create an authority for the transfer and posting of Group-A officers in Delhi, with the AAP government calling the move a deception with the Supreme Court verdict on control of services.
The ordinance, which comes a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
"By this ordinance, the central government has defied the Supreme Court's verdict and challenged the court's right to interpret the constitution," the editorial alleged.
It said the Supreme Court, in its verdict, had upheld the principle of democratic representative government, the accountability of the administrative officers to the elected government and adherence to the federal principle.
All of this was rejected by the "authoritarian" step of promulgating the ordinance, the editorial alleged.
"By this willful defiance of the court, the Modi government has declared its contempt for democracy and federalism. All through its nine-year tenure, the Modi government has been attacking the rights of elected non-BJP state governments and using the governor to violate the federal principle."
"This assumed grave proportion of an assault on the constitutional set-up itself by dismantling the state of Jammu and Kashmir and converting it into two union territories. This ordinance takes the assault on democratic federalism to a new level by legitimising the disempowerment of an elected government," it said.
The editorial further stated that the Supreme Court as the custodian of the Constitution will have to step in to nullify this "draconian measure".
"At the political level, the entire opposition should unitedly oppose the ordinance when it is sought to be legislated through Parliament. The Congress party should stop dithering about its stand. The animosity towards Arvind Kejriwal and the AAP cannot determine its position."
"This is not about any individual leader or a single party. This is an attack on democracy and federalism. How unitedly the opposition parties move to oppose the ordinance will have a bearing on the unity to be forged for the bigger battle against the BJP looming ahead," it said.