LI Network
Published on: 5 August 2023 at 17:06 IST
The Lok Sabha recently passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which grants the Central government the upper hand in appointments, transfers, and postings of officers in the national capital.
The bill aims to reverse the impact of a Supreme Court verdict that previously vested administrative service powers with the Delhi government.
According to Union Home Minister Amit Shah, the Indian Constitution empowers Parliament to enact laws for the NCT of Delhi, as affirmed by the Supreme Court in its judgment that restored services to the Delhi government.
The Supreme Court had considered the interpretation of Article 239AA, particularly whether “services” were excluded from the legislative and executive domain of the GNCTD.
The bill designates the Central government as the rule-making authority under Section 45C.
It empowers the Central government to appoint officers belonging to all India services under the All India Services Act, 1951, with the exception of the Indian Police Service and officers belonging to Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services.
Furthermore, the Central government can establish rules related to various aspects of the GNCTD’s affairs, such as tenure, salaries, allowances, pensions, and conditions of service for officers and employees.
The government can also regulate appointments, conditions of service, and departmental inquiries for public officials.
The bill introduces the formation of a National Capital Civil Service Authority, chaired by the Delhi Chief Minister, with the Chief Secretary as an ex-officio member and the Principal Home Secretary as the ex-officio Member Secretary. The authority’s decisions will be determined by voting among its members.
The authority’s responsibilities include recommending transfers and postings of all Group ‘A’ (IAS) officers and officers of Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli Civil Services (DANICS) serving in the Delhi government.
It can also propose disciplinary proceedings against public servants working in the Delhi government, with the Lieutenant Governor having the authority to pass appropriate orders based on these recommendations.
The bill also grants powers to ministers to issue standing orders for matters in their respective departments, subject to constitutional and proposed law provisions.
Copies of such directions and orders must be sent to the Lieutenant Governor and the Chief Minister.
Compared to the Delhi Services Ordinance, the bill limits the power of the Delhi government to make recommendations for the constitution, appointment, or nomination of authorities, boards, commissions, and statutory bodies, with the Lieutenant Governor retaining more significant authority in this regard.
The justification for introducing the bill lies in Delhi’s role as the capital of India, directly administered by the President of India.
The bill emphasizes the presence of various national and international institutions in Delhi, and it aims to maintain high standards in the administration and governance of the National Capital Territory of Delhi in the interest of the entire country.
