Delhi Services Bill, 2023

Delhi Services Bill, 2023

News: Recently, the RS passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.

Background:
• In May 2023, the Supreme Court ruled in favor of the Delhi government, granting it control over most services in the capital city, except for public order, land, and police cases.
• Later, the Central government introduced an ordinance on to override the top court’s order, giving more authority to the LG in matters of appointments and transfers of bureaucrats.

What are the important provisions of the Bill?

National Capital Civil Services Authority
• The bill establishes the National Capital Civil Services Authority (NCCSA) to make recommendations to the LG on certain service-related matters, including transfers, vigilance, and disciplinary proceedings.

Composition of NCCSA
• NCCSA consists of the Chief Minister of Delhi (Chairperson), Principal Home Secretary, and Chief Secretary of the Delhi Govt.

Expansion of powers of LG
• The bill expands the discretionary role of the LG, allowing him to override the recommendations of the Authority and act on his sole discretion in certain matters.

Empowerment of Central Government
• Central Government is empowered to make rules regarding the Government of National Capital Territory of Delhi’s affairs, officer & employee functions, terms, and conditions.

Disposal of matters by Ministers
• The bill allows Delhi government ministers to issue standing orders for matter disposal, subject to consultation with the concerned Department Secretary. However, certain sensitive matters must be submitted to the LG for his opinion before issuing any order.

Role of Secretaries
• Department Secretaries must bring certain matters to the notice of the LG, Chief Minister, and Chief Secretary, particularly those that may lead to controversy with other state governments, courts, or the central government.

What are the concerns regarding the bill?
• Critics argue that the Bill centralizes power in the hands of the LG, diminishing the elected government’s authority. It minimizes the decision making role of elected legislative assembly.
• The bill may also affect the democratic rights and aspirations of the people of Delhi, who have voted for their representatives in the assembly.
• The bill may also violate the constitutional scheme and spirit of federalism, which grants special status to Delhi as a Union territory with a legislative assembly
• Discretionary power given to LG will lead to increased tussle between Delhi government and LG.

Conclusion
• The Delhi Services Bill, 2023, has become a focal point of contention between the Delhi government and the central government.
• While proponents argue that it brings clarity to the distribution of powers, opponents claim that it may infringe upon the principles of parliamentary democracy and the constitutional separation of powers.