Government of National Capital Territory of Delhi (Amendment) Bill, 2023

What’s in today’s article?

• Why in News?
• Background
• Central & Delhi Government’s Arguments
• Control over Administrative Services
• Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
• News Summary

Why in News?

• The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both the Houses of the Parliament.

Background

• Article 239 AA was inserted in the Constitution by the 69^th Constitutional Amendment Act, 1991.
  • Based on the recommendations of S Balakrishnan Committee (1987), it gave special status to Delhi.
• It says that the National Capital Territory (NCT) of Delhi will have an Administrator and a Legislative Assembly.
  • The Legislative Assembly “shall have power to make laws for the whole or any part of the NCT w.r.t. any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories”.
  • However, the legislative assembly of Delhi cannot legislate on the following three subjects – Police, Public Order, and Land.
• However, in the past few years, governance in the NCT has often been a subject of conflict between the Delhi government and the L-G.

Central & Delhi Government’s Arguments

• The Delhi government has argued that in the interest of federalism, the elected representatives must have power over transfers and postings.
• On the other hand, the Central Government has consistently maintained that because Delhi is the national capital and the face of the country, it must have control over administrative services, which include appointments and transfers.

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Control over Administrative Services

• In 2019, a two-judge bench of the SC delivered a split verdict on the aspect of who controls administrative services in Delhi.
• The two-judge bench had recommended that a three-judge bench be set up to decide the issue of control of administrative services.
• Further, in May 2022, a three-judge Bench had referred this case to a larger Bench on the Central government’s plea.
• The three-judge Bench had decided that the question of control over administrative services required “further examination”.
• In May 2023, a five-judge constitutional bench of the Supreme Court held that the Delhi Government will have legislative and executive control over administrative services in the National Capital Territory of Delhi (NCTD) except with regard to public order, police and land.
  • Earlier, it was the Lieutenant-Governor, Chief Secretary and the Secretary of the Services Department who took a call on these issues.

Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023

• Immediately after the Supreme Court’s judgment in favour of the Delhi Government w.r.t. control of administrative services, the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.
• The objective of the Ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.
• The ordinance gave back the Lieutenant Governor power over the services. It required the LG to consult the Chief Minister only at his “discretion”.

News Summary

• The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both the Houses of the Parliament.
• Key Features of the Bill –
  • National Capital Civil Services Authority (NCCSA) –
    • The Bill establishes the National Capital Civil Services Authority to make recommendations to the LG on certain matters related to services.
    • These include: (i) transfers and postings, (ii) matters related to vigilance, (iii) disciplinary proceedings, and (iv) prosecution sanctions of Group A of All India Services (except Indian Police Service), and DANICS. 
    • The Authority will consist of the: (i) Chief Minister of Delhi as Chairperson, (ii) Principal Home Secretary of the Delhi government as Member Secretary, and (iii) Chief Secretary of the Delhi government as member. 
    • The central government will appoint both the Principal Home Secretary and Chief Secretary.  
    • All decisions of the Authority will be based on a majority vote of the members present and voting.
  • Powers of the LG –
    • Under the Act, matters where the LG may act on his discretion are: (i) matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG, or (ii) matters where he is required by a law to act in his discretion or exercise any judicial or quasi-judicial functions. 
    • The Bill specifies that in these matters, the LG will act in his sole discretion. 
    • It expands the discretionary role of the LG by giving him powers to approve the recommendations of the Authority, or return them for reconsideration. 
    • In the case of a difference of opinion between the LG and the Authority, the former’s decision will be final.
  • Disposal of Matters by Ministers –
    • A Minister of the Delhi government may issue standing orders for the disposal of matters brought to his attention. 
    • The order should be issued in consultation with the concerned Department Secretary. 
    • Certain matters must be submitted to the LG, through the Chief Minister and the Chief Secretary, for his opinion prior to the issue of any order.
  • Duties of Secretaries –
    • Additionally, the concerned Department Secretary must bring certain matters to the notice of the LG, the Chief Minister, and the Chief Secretary. 
    • These include matters which may bring the Delhi Government into controversy with the central or any state government, the Supreme Court, or High Court of Delhi.

Q1) How many union territories have Lieutenant Governor?

In India, a lieutenant governor is the constitutional head of five of the eight union territories. These are Delhi, Jammu and Kashmir, Puducherry, Andaman and Nicobar Islands and Ladakh.

Q2)  Who appoints the Chief Minister in Delhi?

The Chief Minister of Delhi is appointed by the President (not by the lieutenant governor). The other ministers are appointed by the president on the advice of the chief minister.

Source: Centre gets control of Delhi via L-G as Parliament stamps its approval to Bill | Hindu