New Delhi, (Samajweekly) The Aam Aadmi Party (AAP) on Monday said it has noted the approval by the Lt. Governor (L-G) for the restructuring of the Delhi Administration Subordinate Services (DASS) on August 19, which included the creation of Group ‘A’ posts in this cadre, adding it considered the development “highly unfortunate”.
“The L-G’s approval in this matter is a clear violation of both the Constitution Bench judgment and the GNCTD (Amendment) Act, 2023. A comprehensive analysis of the judgment and the amendment indicates that all matters related to ‘services’ outside the purview of NCCSA (National Capital Commission for Civil Services Authority) should be handled by the elected Government of Delhi,” the AAP said.
The party further said that the L-G’s sanctioning of the restructuring exceeded the powers vested in the office and amounted to an encroachment upon the authority of the elected government, thereby, constituting a significant violation of the Constitution.
“As outlined in clauses (3) and (4) of Article 239AA of the Constitution, the Council of Ministers of Delhi holds executive power in matters listed in the State List or Concurrent List, except for ‘Land,’ ‘Police,’ and ‘Public Order.’ The Lt. Governor is bound to follow the advice of the Council of Ministers, except in instances where he must exercise discretion as per the law,” the AAP said.
The AAP further said that the GNCTD (Amendment) Act, 2023 only grants specific powers to the Lt. Governor concerning services, and these powers are to be exercised based on recommendations from the NCCSA.
All other powers related to services, not designated to the Lt Governor or NCCSA, are within the jurisdiction of the elected government of Delhi, represented by the Council of Ministers.
“While the restructuring of the DASS cadre has been a long-standing demand, there may be legal challenges against this order. It is likely that such an order could be invalidated for sidestepping the constitutional framework of governance. Hence, the Minister of Services has requested the L-G to return this proposal for processing through the appropriate constitutional and statutory channel, i.e., the Council of Ministers,” the AAP said.
