The President recently promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to make a fresh claim of power over the services in the capital.
Why in News?
- The Supreme Court recently ruled that the Delhi Govt 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.
- Now, the Centre has brought the ordinance which nullifies the SC order.
About Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023:
- The ordinance seeks to establish for the first time the National Capital Civil Service Authority (NCCSA).
- NCCSA Composition: It will be headed by the Chief Minister of Delhi, with the Chief Secretary and Principal Home Secretary of Delhi being the other two members.
- Functions of NCCSA:
- It will make recommendations to the Lieutenant Governor (LG) regarding transfer, posting, vigilance and other incidental matters of all Group ‘A’ officers and officers of DANICS serving in the Government of NCTD.
- All matters required to be decided by the NCCSA shall be decided by majority of votes of the members present and voting.
- This means, that in effect, the decision of the elected chief minister of Delhi can be overruled by the two senior bureaucrats.
- Role of LG:
- The ordinance stated that the LG will pass orders to give effect to the recommendations passed by the NCCSA.
- However, LG can ask for the relevant material with regard to officers belonging to All India Services and DANICS serving the Delhi government.
- In case the LG differs with the recommendation made, he/she may return the recommendation to the Authority for reconsideration by the Authority. For this, reasons will have to be recorded in writing.
- However, as per the ordinance, in case of difference of opinion, the decision of the LG shall be final.
- There is no specific provision in the ordinance regarding the transfer posting, discipline etc of Group B and Group C officers, which seems to indicate that the elected government of Delhi would continue to have control over these officers.
Q1) What is the Ordinance making power of the President?
The President of India has been given emergency powers to promulgate ordinances in situations where the Houses of Parliament are not in session.An ordinance, which is defined as “an order made by the President under Art. 123 has the same force and effect as an Act of Parliament.