President Approves the Government of NCT of Delhi (Amendment) Bill, 2023
The President has officially given the green light to the much-discussed Government of NCT of Delhi (Amendment) Bill, 2023. This legislation, as quoted,
Thank you for reading this post, don't forget to subscribe!“Dilutes the powers of the Delhi Government over services”
and will be retroactively effective from 19th May, the same day the Ordinance was introduced.
The Bill witnessed its passage in the Rajya Sabha on August 07, with “131 votes in its favour and 102 votes against it.” Earlier, on August 03, the Lok Sabha had already sanctioned it.
This Act showcases marked differences from the Ordinance that the Centre rolled out on May 19. This move was just a week after the Supreme Court’s declaration that
“The Delhi Government has power over the administration and control of civil servants except in matters relating to public order, police and land.”
Interestingly, the Act omits Section 3A. However, other provisions aiming for substantial administrative reforms in the national capital’s governance are retained.
National Capital Civil Service Authority
The Act introduces the “National Capital Civil Service Authority,” a permanent body vested with the responsibility of decisions related to the postings and control of civil servants.
Headed by the Chief Minister of Delhi, this Authority will also comprise the Chief Secretary, Government of National Capital Territory of Delhi, and the Principal Secretary, Home, Government of National Capital Territory of Delhi. The Authority is empowered to
“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.”
Furthermore, it can suggest to the LG on both vigilance and non-vigilance matters for initiating disciplinary proceedings and sanctioning prosecutions for the aforementioned officers.
LG’s Decision Reigns Supreme
The Act clearly states that in any event of differing opinions,
“The LG’s decision will prevail.”
Revisions in Section 45D of the Ordinance
A significant change in the Bill is the amendment of Section 45D of the Ordinance. This section previously granted the Centre authority over appointments to statutory commissions and tribunals in Delhi. The Act now specifies:
- For entities formed under Parliament Law: “members shall be constituted or appointed or nominated by the President.”
- Pertaining to bodies under 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.”
It’s crucial to highlight that the Delhi Government had approached the Supreme Court contesting the Ordinance. On July 20, the apex court
“Referred the matter to a Constitution Bench for adjudication.”
The Delhi Government also raised concerns about Section 45D of the Ordinance, particularly the President’s appointment to the DERC Chairperson’s role.
