Government of National Capital Territory of Delhi (Amendment) Bill, 2023 passed in Lok Sabha

The Lok Sabha on Thursday passed the contentious Government of NCT of Delhi (Amendment) Bill, 2023 – which seeks to dilute the powers of the Delhi Government over services. The Bill was passed in a voice vote.

Notably, the Bill introduced by the Centre has significant changes from the Ordinance promulgated by it on May 19 a week after the Supreme Court ruled that the Delhi Government has power over the administration and control of civil servants except in matters relating to public order, police and land.

A key provision of the Ordinance was Section 3A, which held that the Delhi Legislative Assembly (and consequently the Delhi Government) will not have powers over Entry 41 of List II of the 7th Schedule of the Constitution, which relates to services. Notably, Section 3A also stated that the provision will prevail “notwithstanding anything contained in any judgement, order or decree of any Court”, meaning thereby that the Ordinance nullified the effect of the Supreme Court.

However, in the Bill introduced in the Lok Sabha, Section 3A is conspicuous by its absence. However, the other provisions which seek to make drastic administrative changes in relation to governance of the national capital are retained in the Bill.

The Bill seeks to establish a permanent authority named “National Capital Civil Service Authority” to take decisions with respect to the postings and control of civil servants. Although it is headed by the Chief Minister & his colleagues

The Authority can make recommendations to the Lieutenant Governor regarding transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi barring officers handling matters related to public order, land and police.

The Authority can also make recommendations to the LG regarding vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and grant of prosecution sanctions in relation to the above officers but in case of any difference the decision of LG is final & will prevail