The Lok Sabha, on Thursday, approved the Government of NCT of Delhi (Amendment) Bill 2023, a contentious legislation aimed at reducing the authority of the Delhi Government over services in the National Capital Territory.
The Bill was met with strong opposition from the opposing parties, but the statutory resolution against it was ultimately defeated through a voice vote in the Lower House.
But the decision saw the Opposition leaders staging a walkout from the LS. If passed in the Rajya Sabha, the Bill will give the Centre greater powers over the control of services and posting of officers in Delhi.
Background: AAP-Centre Conflict over Group-A Officers
The Government of Delhi, led by the Aam Aadmi Party (AAP), has been in a prolonged dispute with the Central Government over the control of Group-A officers in the administration of the National Capital Territory.
May 2023 Ordinance: The Turning Point
In May 2023, the Central Government issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. This ordinance overturned a previous Supreme Court ruling that granted the Delhi Government control over "services" in the NCT administration, with the exception of police, public order, and land.
The Delhi Services Bill: An Overview
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, was presented in the Lok Sabha to replace the May 2023 ordinance. While some provisions in the Bill differ from the ordinance, it retains all significant aspects of the earlier law.
Key Provisions of the Bill:
Removal of Annual Report Requirement: Unlike the ordinance, the Bill does not demand the Delhi Government to furnish annual reports to the Central Government.
Empowering the Central Government in Officer Appointments: The Bill grants the Central Government greater primacy in appointing officers belonging to the All India services and DANICS (Delhi, Andaman, and Nicobar Islands Civil Service). Notably, it eliminates the earlier provision that barred the state assembly from legislating on 'services.'
Recommending Appointments Under Section 45D: A new addition to the bill is Sub-section (b) in Section 45D. This allows the NCT government to "recommend a panel of suitable persons for appointment by the LG" to various authorities, boards, commissions, or statutory bodies. Previously, this power solely rested with the President (Central Government).
Caveats on Recommendations: The Bill places a caveat on the state government's recommendation powers. It limits such recommendations only to bodies created and governed by the state assembly. The final authority to accept or reject these recommendations lies with the LG (Lieutenant Governor).
Transfer and Posting of Senior Officers: According to the Bill, all transfers and postings of senior officers in the Delhi government will now be handled by a three-member committee headed by the Delhi Chief Minister.
The passage of the Government of NCT of Delhi (Amendment) Bill 2023 signifies a significant shift in power dynamics between the Delhi Government and the Central Government, impacting the control over crucial administrative services in the National Capital Territory.
(With PTI inputs)
