The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, has recently made waves in the Indian political arena. This bill has replaced an ordinance that pertains to the control of services in Delhi, a topic that has been a recurrent point of contention between various stakeholders.
Genesis of Special Status: Article 239 AA
In 1991, the Indian Constitution was amended to include Article 239 AA, which granted special status to the National Capital Territory (NCT) of Delhi. This provision bestowed upon Delhi a unique administrative framework, comprising an Administrator and a Legislative Assembly. The Legislative Assembly was vested with the power to legislate on matters within the State and Concurrent Lists, subject to certain exceptions. Notably, subjects like Police, Public Order, and Land remained beyond its legislative purview.
Conflict and Complexity: Delhi’s Governance Quandary
Over the years, governance in Delhi has become a battleground for conflicting interests. The tussle between the Delhi government and the Lieutenant Governor (L-G) over administrative control, particularly regarding appointments and transfers, has been a recurring issue. The Delhi government argues that elected representatives should wield authority over these matters to uphold the principles of federalism. On the contrary, the Central Government contends that control over administrative services is crucial due to Delhi’s status as the national capital and its symbolic importance.
Judicial Intervention: Shaping the Debate
The legal discourse surrounding administrative control over Delhi’s services reached a significant juncture in 2019 when a two-judge bench of the Supreme Court delivered a split verdict on the matter. Subsequently, a three-judge bench referred the case for further examination. In May 2023, a five-judge constitutional bench of the Supreme Court settled the matter by ruling that the Delhi Government would have legislative and executive control over administrative services in NCTD, barring the domains of public order, police, and land.
Amendment Ordinance of 2023: A Swift Response
Following the Supreme Court’s judgment, the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, was promulgated by the President. This ordinance aimed to establish a comprehensive administration of services that balances local interests with national priorities. Notably, it restored the Lieutenant Governor’s authority over services, emphasizing his discretion in consulting the Chief Minister.
The New Bill: National Capital Civil Services Authority (NCCSA)
The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, has now been passed by both Houses of Parliament, replacing the aforementioned ordinance. One of the key provisions of the bill is the establishment of the National Capital Civil Services Authority (NCCSA). This body is tasked with making recommendations to the Lieutenant Governor on matters concerning services, including transfers, vigilance, disciplinary proceedings, and prosecution sanctions.
The NCCSA consists of the Chief Minister of Delhi as Chairperson, the Principal Home Secretary of the Delhi government as Member Secretary, and the Chief Secretary of the Delhi government as a member. The appointments of the Principal Home Secretary and Chief Secretary are made by the central government. All decisions of the Authority are to be determined through a majority vote.
LG’s Powers and Ministerial Responsibilities
The bill also delineates the Lieutenant Governor’s powers. Matters falling beyond the legislative competence of the Delhi Legislative Assembly but delegated to the LG, as well as those where discretion or judicial functions are required, fall under the LG’s purview. The bill grants the LG the authority to approve or return recommendations of the NCCSA, and in cases of disagreement, the LG’s decision prevails.
Ministers in the Delhi government are empowered to issue standing orders for matter disposal, subject to consultation with the concerned Department Secretary. Specific matters necessitate submission to the LG through the Chief Minister and Chief Secretary for prior opinion. Department Secretaries are also entrusted with the responsibility of bringing certain sensitive matters to the attention of the LG, Chief Minister, and Chief Secretary.
