Centre Introduces Delhi Services Bill In Lok Sabha, Drops Key Provisions From Ordinance

The contentious Government of NCT of Delhi (Amendment) Bill, 2023 - which seeks to dilute the powers of the Delhi Government over services- was introduced in the Lok Sabha today by Union Home Minister Amit Shah.

Notably, the Bill introduced by the Centre has signficant changes from the Ordinance promulgated by it on May 19 a week after the Supreme Court ruled that the Delhi Government has power over the administration and control of civil servants except in matters relating to public order, police and land.

A key provision of the Ordinance was Section 3A, which held that the Delhi Legislative Assembly (and consequently the Delhi Government) will not have powers over Entry 41 of List II of the 7th Schedule of the Constitution, which relates to services. Notably, Section 3A also stated that the provision will prevail "notwithstanding anything contained in any judgement, order or decree of any Court", meaning thereby that the Ordinance nullified the effect of the Supreme Court.

However, in the Bill introduced in the Lok Sabha, Section 3A is conspicuous by its absence. However, the other provisions which seek to make drastic administrative changes in relation to governance of the national capital are retained in the Bill.

National Capital Civil Service Authority

The Bill seeks to establish a permanent authority named "National Capital Civil Service Authority" to take decisions with respect to the postings and control of civil servants.

The Authority will be headed 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. The Authority can make recommendations to the Lieutenant Governor regarding 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 barring officers handling matters related to public order, land and police.

The Authority can also make recommendations to the LG regarding vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and grant of prosecution sanctions in relation to the above officers.

LG's decision to be final

The Bill seeks to confer the final authority to the LG. In case of any difference of opinion, the LG's decision will prevail.

Section 45D of the Ordinance modified in the Bill

Another key change in the Bill is the modified of Section 45D of the Ordinance, which gave power to the Centre regarding the appointments to statutory commissions and tribunals in Delhi.

According to the provision 45D of the ordinance- Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, or any office bearer or member thereof, constituted or appointed by or under any law for the time being in force, in and for the National Capital Territory of statutory Delhi, shall be constituted or appointed or nominated by the President.

In the Bill, the appointments shall be as follows :

1. In relation to bodies created under Parliament Law : members shall be constituted or appointed or nominated by the President; and
2. In relation to bodies created under the Delhi Assembly Laws : National Capital Civil Service Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H.

Supreme Court has clarified that Parliament can make law relating to services in Delhi, says Home Minister

While introducing the Bill, Home Minister Amit Shah denied that it is contradictory to the Supreme Court's judgment and said that the Court has recognized the power of the Parliament to make law in relation to services in Delhi.

"Constitution has given the House, power to pass any law regarding the state of Delhi. Supreme Court judgement has clarified that Parliament can bring any law regarding the state of Delhi. All objection is political", he said.

"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 to reflect the aspiration of the people through the joint and collective responsibility of the Government of India and the Government of National Capital Territory of Delhi", said the Centre in the Statement of Objects and Reasons of the Bill.

It may be noted that the Delhi Government had approached the Supreme Court challenging the Ordinance. On July 20, the Supreme Court referred the matter to a Constitution Bench for adjudication. Section 45D of the Ordinance was also subjected to challenge by the Delhi Government, which objected to the appointment made by the President to the post of the DERC Chairperson.

Click here to read the Bill