LI Network
Published on: 8 August 2023 at 11:40 IST
The Delhi Services Bill (GNCTD Amendment Bill) has sparked intense debate and controversy due to its provisions that reshape the power dynamics between the Delhi Government and the Central government.
The Rajya Sabha recently approved the Government of NCT of Delhi (Amendment) Bill, 2023, a contentious piece of legislation designed to alter the authority of the Delhi Government over services.
The bill successfully passed through the parliamentary process with 131 votes in favor and 102 against.
Notably, this bill differs significantly from the Ordinance introduced by the Central government on May 19.
The Ordinance was introduced shortly after the Supreme Court recognized the Delhi Government’s authority over civil servants’ administration and control, except in areas related to public order, police, and land.
A key provision of the Ordinance, Section 3A, explicitly excluded the Delhi Legislative Assembly’s jurisdiction over Entry 41 of List II of the Constitution’s 7th Schedule, which pertains to services.
This provision would take precedence regardless of court rulings, effectively nullifying the Supreme Court’s impact.
However, the version of the bill presented in the Lok Sabha omits Section 3A. Nevertheless, the bill retains other sections that propose significant administrative changes related to the governance of the national capital.
Central to the bill is the establishment of the “National Capital Civil Service Authority,” a permanent body responsible for determining assignments and oversight of civil servants. This authority, led by the Chief Minister of Delhi, includes the Chief Secretary of the Delhi Government and the Principal Secretary of Home Affairs.
It can propose transfers and postings for Group ‘A’ officers and DANICS officers within the Delhi Government, excluding those dealing with public order, land, and police matters.
The National Capital Civil Service Authority is also authorized to recommend vigilance and non-vigilance matters to the Lieutenant Governor for initiating disciplinary actions and granting prosecution approvals.
Ultimate authority rests with the Lieutenant Governor, as the bill gives precedence to their decisions in cases of disagreement.
An important change within the bill pertains to the modification of Section 45D of the Ordinance, which granted the Central government authority to make appointments to statutory commissions and tribunals in Delhi.
The bill outlines a revised process for constituting and appointing members to such bodies under both Parliament’s and the Delhi Assembly’s jurisdiction.
Home Minister Amit Shah clarified that the bill doesn’t contradict the Supreme Court’s decision, emphasizing Parliament’s power to enact laws concerning services in Delhi.
Proponents of the bill argue that, given the unique status of Delhi, a legislative framework is needed to harmonize local and national interests through joint responsibility between the Government of India and the Delhi Government.
However, opposition to the bill has been voiced by various quarters. INC MP Dr. Abhishek Manu Singhvi labeled the bill as unconstitutional and undermining democratic principles, weakening regional representation and federalism.
MP Raghav Chaddha criticized the timing of the Ordinance’s introduction, challenging the Supreme Court’s authority.
Former Chief Justice of India and MP Ranjan Gogoi offered a nuanced perspective, indicating that the ongoing judicial review was about the Ordinance’s validity, whereas the parliamentary debate concerned the law’s validity and constitutionality.
The Delhi Government had contested the Ordinance in the Supreme Court, and the matter was referred to a Constitution Bench for deliberation.
Section 45D of the Ordinance, granting the President authority over appointments, was also challenged by the Delhi Government. The legal debates surrounding these issues continue.
Key provisions of GNCTD Amendment bill 2023
- The bill differs from the Ordinance introduced by the Central government after the Supreme Court recognized Delhi Government’s authority over civil servants, except in certain areas.
- Key provision Section 3A in the Ordinance excluded Delhi Legislative Assembly’s jurisdiction over services, nullifying Supreme Court’s impact; this section is omitted in the bill.
- The bill establishes the “National Capital Civil Service Authority” to oversee civil servants, led by Chief Minister of Delhi and including Chief Secretary and Principal Secretary of Home Affairs.
- The authority can propose transfers and postings for Group ‘A’ and DANICS officers, excluding public order, land, and police matters.
- The bill grants ultimate authority to the Lieutenant Governor in case of disagreements.
- Section 45D of the Ordinance, giving Central government authority over appointments to commissions and tribunals in Delhi, is modified in the bill.
- Home Minister Amit Shah clarifies that the bill doesn’t contradict the Supreme Court’s decision and emphasizes Parliament’s power.