Delhi Services Bill To Be Presented Today: L-G To Have Final Say On Bureaucrat Postings

The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, also known as the Delhi services bill, is scheduled to be presented in Parliament on 1 August.

According to a report in The Hindu, the government will attempt to pass The Government of National Capital Territory of Delhi (Amendment) Act, 2023, on Tuesday.

This bill will designate the Lieutenant Governor (L-G) as the authority with final decision-making power regarding the postings and transfers of all bureaucrats serving under the Delhi government.

The draft bill, which has been circulated among MPs, proposes the establishment of an authority for transfers and postings of senior officers in the Delhi government.

There have been some noted deviations in the bill from the 19 May ordinance.

One deviation in the bill is the removal of Section 3A.

This section previously stated that the legislative assembly has the power to make laws, except in matters listed in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any connected or incidental matters.

The second deviation grants the L-G the authority to appoint the heads of boards or commissions established by the Delhi Legislative Assembly.

Furthermore, a detailed explanation is provided on how the new Ordinance will affect "services" in Delhi.

On 19 May, President Droupadi Murmu issued an ordinance to amend the Government of NCT of Delhi Act, 1991.

This effectively nullified the Supreme Court's 11 May judgement, which had given the Arvind Kejriwal-led Aam Aadmi Party (AAP) government the power to create laws and exercise control over bureaucrats assigned to the Delhi government.

The statement of objects and reasons of the bill stated that “With a view to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution, a permanent authority, headed by the Chief Minister of Delhi along with the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi, is being constituted to make recommendations to the Lieutenant Governor regarding matters concerning transfer postings, vigilance and other matters.”

The responsibility of recommending transfers and postings of all Group 'A' officers (IAS) and officers of DANICS serving in the Delhi government lies with the National Capital Civil Service Authority (NCCSA).

The professed aim of the bill is to strike a balance between the interests of the nation and the Union territory of Delhi in the administration of the capital.

It acknowledges the importance of the central government and the government of NCT of Delhi in representing the will of the people.

The statement of objects and reasons justifies the need for this bill by highlighting the presence of various national and international institutions and authorities in Delhi, as well as the frequent visits of high-ranking officials from other countries.

It also highlights that the decisions concerning Delhi have far-reaching consequences, not only for its residents but also for the entire country. The reputation, image, credibility, and prestige of the nation can be at stake in the international arena.

Therefore, the governance of the NCT is of vital interest to the entire nation. While promoting national interests, it is essential to consider the aspirations of the residents of Delhi, given its unique status and distinguished features as the capital of India.

The bill also emphasises that the Constitution designates the President as the governing authority for Union Territories.

The bill establishes the NCCSA (National Capital Commission for the Safety and Administration of Delhi) as the governing authority.

The NCCSA consists of the Chief Minister of Delhi as the ex-officio chairperson, the Chief Secretary of Delhi as a member, and the Principal Home Secretary of Delhi as the member-secretary.

All decisions of the authority will be made by a majority vote of the members present and voting.