Date: Thursday, 03 August 2023

Lok Sabha has passed the Government of NCT of Delhi (Amendment) Bill, 2023, aiming to curtail the powers of the Delhi Government over services. The Bill was passed through a voice vote despite earlier opposition and a legal battle.

The Bill presented in the Lok Sabha contains notable changes from the earlier Ordinance issued by the Centre on May 19, which came shortly after the Supreme Court's ruling granting the Delhi Government power over the administration and control of civil servants, except in matters of public order, police, and land.

One of the key provisions of the earlier Ordinance, Section 3A, which restricted the Delhi Legislative Assembly's powers over Entry 41 of List II of the 7th Schedule of the Constitution concerning services, has been removed from the Bill. Nevertheless, other provisions that bring drastic administrative changes to the governance of the national capital remain intact.

Creation of National Capital Civil Service Authority

The Bill proposes the establishment of a permanent body named "National Capital Civil Service Authority" responsible for decision-making regarding the postings and control of civil servants.

The Authority will be chaired by the Chief Minister of Delhi and will consist of the Chief Secretary, Government of National Capital Territory of Delhi, and the Principal Secretary, Home, Government of National Capital Territory of Delhi. It will have the power to recommend transfers and postings of all Group 'A' officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi, excluding those handling public order, land, and police matters.

Additionally, the Authority can recommend vigilance and non-vigilance matters to the Lieutenant Governor, leading to the initiation of disciplinary proceedings and grant of prosecution sanctions concerning the above-mentioned officers.

Final Authority with the LG

The Bill grants the Lieutenant Governor the ultimate authority, and in case of any disagreement, the LG's decision will hold sway.

Modification of Section 45D of the Ordinance

Another major change in the Bill pertains to the modification of Section 45D of the earlier Ordinance, which granted the Centre the power to appoint members to statutory commissions and tribunals in Delhi.

As per the new provision, appointments to bodies created under Parliament Law will be constituted or appointed or nominated by the President. For bodies established under Delhi Assembly Laws, the National Capital Civil Service Authority will recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, following the provisions of section 45H.

Home Minister Amit Shah's Clarification

During the introduction of the Bill, Home Minister Amit Shah clarified that the Bill does not contradict the Supreme Court's judgment. He emphasized that the Court has recognized Parliament's authority to make laws concerning services in Delhi.

"In view of the special status of the National Capital Territory of Delhi, a scheme of administration has to be formulated by a Parliamentary legislation to balance both local and national interests and reflect the aspirations of the people through the joint and collective responsibility of the Government of India and the Government of National Capital Territory of Delhi," stated the Centre in the Statement of Objects and Reasons of the Bill.

Supreme Court's Referral to Constitution Bench

It's worth noting that the Delhi Government had challenged the earlier Ordinance before the Supreme Court. On July 20, the Supreme Court referred the matter to a Constitution Bench for adjudication. Section 45D of the Ordinance was also challenged by the Delhi Government, specifically contesting the appointment made by the President to the post of the DERC Chairperson.