The grave consequences of the GNCT (Amendment) Act, 2023- can be seen wide and open. In a yet another case of defiance by an officer to accept the orders of the elected government of Delhi, now the Principal Secretary (Finance) has written a lengthy 40-page letter. Citing Section 45(J)5 of the GNCTD (Amendment) Act 2023. He has blatantly refused to accept the orders of the Delhi Finance Minister, highlighted the Services Minister Ms. Atishi during a press conference held on Wednesday.
Responding to this incident of refusal by the Principal Secretary (Finance), CM Arvind Kejriwal tweeted, “Delhi Services Act gives license to officers to openly rebel against written orders of elected govt. And officers have started refusing to obey the orders of elected Ministers. Can any state or country or institution run like this? This Act will ruin Delhi and this is what BJP wants. The act needs to be struck down as soon as possible.”
Providing further details, Ms. Atishi stated, “As we are witnessing in present times in Delhi that democracy, the Constitution and the Federal Structure is being disregarded repeatedly. The central government has introduced the GNCTD (Amendment) Act 2023, also known as the Services Act, which significantly curtails the authority of the elected government of Delhi.” She emphasized that according to not only the Indian Constitution but also international norms, democracy is defined as a system that is ‘of the people, by the people, and for the people. This principle is upheld through a triple chain of accountability, a concept that has been referenced by the Supreme Court in its judgments.
She pointed to a unanimous order from the Supreme Court’s constitutional bench dated May 11, 2023, wherein in Paragraph 106, the court outlined, “Under the Westminster parliamentary democracy, civil services constitute an important component of a triple chain of command that ensures democratic accountability. The triple chain of command is as follows:
a. Civil service officers are accountable to Ministers;
b. Ministers are accountable to Parliament/Legislature; and
c. Parliament/Legislature is accountable to the electorate.
“This is the foundation on which democracy operates in our country. However, the GNCTD (Amendment) Act finishes the accountability of officers to the elected government of Delhi. Section 45(J)5 of this act grants the bureaucracy the authority to reject decisions made by Ministers at their discretion. A few days ago, I presented a 10-page letter from Chief Secretary Naresh Kumar, in which he refused to comply with my orders concerning the National Capital Civil Services Authority (NCCSA) meeting. This was the initial consequence of the GNCTD (Amendment) Act 2023, as I had forewarned,” stated the Services Minister.
She continued explaining that now, the Principal Secretary of Finance, Ashish Chandra Verma, has written a 40-page letter asserting his refusal to accept her orders. In relation to a letter written by then Shri Kailash Gahlot on June 5, 2023, during his tenure as Finance Minister, and a subsequent letter from her as Finance Minister on July 12, 2023, the Principal Secretary of Finance has declined to accept the Finance Minister’s directives. Ms. Atishi emphasized that due to the illegal and unconstitutional nature of the GNCTD Amendment Act, numerous officials have now begun to rebel against the elected government.
Services Minister said, “The issue at hand, over which Principal Secretary Ashish Chandra has declined to comply, concerns the GST refund. The Delhi High Court has ruled against the Delhi Government in this matter. The elected government decided to challenge this ruling in the Supreme Court. On June 5, Finance Minister Kailash Gahlot issued instructions to appoint a Delhi government advocate and file a case in the Supreme Court, to avoid incurring losses to the public exchequer through the refund payment. However, subsequent to these instructions, officials within the Finance department passed the file amongst themselves without appointing an advocate or filing the case in the Supreme Court. When I received the file on July 12, I reiterated the same instructions.
“two days ago, the Principal Secretary Finance declined to adhere to my instructions. If the elected government continues to face officers’ refusals in its day-to-day governance activities, it will severely hinder the progress of the work for the people of Delhi. This situation is arising due to the unlawful and unconstitutional GNCTD (Amendment) Act, which poses a significant threat to our democracy,” she concluded.
