The Lok Sabha passed the controversial Government of NCT of Delhi (Amendment) Bill, 2023, which attempts to limit the Delhi Government’s authority over services. The bill was approved by voice vote.
The Delhi government has challenged the Ordinance in the Supreme Court. On July 20, the Supreme Court sent the case to a Constitution Bench for review. The Delhi Government also opposed the President’s nomination to the position of DERC Chairperson under Section 45D of the Ordinance.
The Bill differs significantly from the Ordinance published by it on May 19, a week after the Supreme Court decided that the Delhi Government had responsibility over the administration and supervision of government personnel save in areas of public order, police, and land.
Section 3A of the Ordinance was a critical clause, stating that the Delhi Legislative Assembly (and hence the Delhi Government): shall not have authority over Entry 41 of List II of the 7th Schedule of the Constitution which deals with services. However, Section 3A is conspicuously absent from the Bill tabled in the Lok Sabha. The Bill retains the elements that attempt to make major administrative changes in the governance of the national capital.
The Bill proposes to create a permanent authority called the “National Capital Civil Service Authority” to make decisions on civil servant postings
and oversight. The Authority will be led by the CM of Delhi. It will include the Chief Secretary, Government of National Capital Territory of Delhi, including the Principal Secretary, Home, Government of National Capital Territory of Delhi. The Authority may also submit suggestions to the LG on alertness and non-vigilance issues in connection to the officials listed above in order to initiate disciplinary procedures and grant criminal punishments. The Bill intends to give the LG ultimate authority. If there is a disagreement, the LG’s judgment will take precedence.
Written by A.Sameeksha, 3rd semester, Symbiosis Law School Hyderabad, intern under Legal Vidhiya.
