In a move that has sparked heated debates and criticism, the President of the nation has granted approval to the Government of NCT of Delhi (Amendment) Bill, 2023 on Friday. The legislation, which significantly curtails the powers of the Delhi Government over services, is set to be enforced retrospectively from May 19, coinciding with the day the ordinance was promulgated.

Having already secured approval in the Lok Sabha on August 3, the bill passed in the Rajya Sabha on August 7 with 131 votes in favor and 102 against. This amendment holds substantial differences from the ordinance initially issued by the Central Government on May 19, just a week following a Supreme Court ruling that granted the Delhi Government control over civil servants' administration and management, excluding matters related to public order, police, and land.

Notably, the absence of Section 3A in the new Act has garnered attention. However, the bill retains other provisions that propose substantial administrative changes concerning the governance of the national capital.

Central to the legislation is the establishment of the "National Capital Civil Service Authority," a permanent body responsible for decisions regarding the posting and oversight of civil servants. The Authority will be led by the Chief Minister of Delhi and composed of the Chief Secretary of the Government of the National Capital Territory of Delhi, along with the Principal Secretary of Home for the same government. The Authority is empowered to recommend transfers and postings of Group 'A' officers and DANICS officers, excluding those handling matters of public order, land, and police, to the Lieutenant Governor.

Furthermore, the Authority is granted the ability to advise the Lieutenant Governor on matters of vigilance, non-vigilance, initiation of disciplinary actions, and granting of prosecution sanctions for the mentioned officers. However, the ultimate decision-making power rests with the Lieutenant Governor, as stated in the Act. In cases of disagreement, the decision of the Lieutenant Governor will take precedence.

Another noteworthy alteration in the Bill is the modification of Section 45D of the Ordinance. The provision that gave the Centre the authority over appointments to statutory commissions and tribunals in Delhi has been revamped. 

The new Act outlines different appointment procedures based on whether the bodies were created under Parliament Law or Delhi Assembly Laws. While bodies created under Parliament Law will have members appointed by the President, the National Capital Civil Service Authority will recommend suitable candidates for bodies formed under Delhi Assembly Laws, subject to the Lieutenant Governor's approval, following the provisions of Section 45H.

The Delhi Government had contested the Ordinance and approached the Supreme Court for resolution. On July 20, the Supreme Court referred the matter to a Constitution Bench for further deliberation. The Ordinance's Section 45D also faced challenges from the Delhi Government, which contested appointments made by the President to the position of the DERC Chairperson.

The enactment of the controversial bill has fueled concerns about the balance of power between the Delhi Government and the Central Government, setting the stage for further legal and political battles in the days to come.