New Delhi: The Lieutenant Governor is set to get the final say over the Delhi government under the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which is likely to be introduced Tuesday in the Lok Sabha.
The Bill will replace the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which was promulgated by the Centre on 19 May taking away the control of the Delhi government over services.
Issued eight days after the Supreme Court ruled that the Delhi government must have control over civil servants serving under it, the ordinance triggered a major showdown between the Narendra Modi–led NDA government and the opposition parties.
It has become the bone of contention between the AAP-led Delhi government and the BJP-led Centre. Delhi Chief Minister and AAP chairperson Arvind Kejriwal has gone all out to rally opposition support to defeat the Bill, when it comes for passage in the Rajya Sabha.
Now, the Bill, which is set to be tabled by Union Home Minister Amit Shah, will also empower the L-G to act in his sole discretion — simply put, the Raj Niwas will have the power to exercise the final say — on the provisions in the Bill.
It retains the provision to form the National Capital Civil Service Authority (NCCSA), a three-member body, that will make recommendations to the L-G over matters concerning the transfer and postings of Group- A civil servants and Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) officers, among other matters.
But, the Bill proposes three changes from the ordinance. First, the deletion of section 3A, which stated that the legislative assembly shall not have the power to make laws on any matter relating to services.
The second is the deletion of Section 45(I) and a clause under Section 45(J) — provisions under the former required the NCCSA to furnish an annual report to the Centre and Delhi government that contains the details of the steps, proposals and measures undertaken by it in pursuance of its functions.
Third, and more notably, is an addition to Section 45D, which spells out a distinction in the powers to constitute statutory bodies and to appoint its members.
Also Read: Can Parliament amend Constitution to strip Delhi govt of ‘services’? SC’s ordinance plea stumper
What’s new about Bill
Section 45D, which has been added to the Bill, was in contention over the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC).
According to the Bill, the power to constitute any statutory body and appoint its members has been segregated into two aspects.
For any law made by Parliament, the power to constitute and appoint will rest with the President. However, the NCCSA will have a role to play in any law made by the legislative assembly. Put simply, the NCCSA will recommend a panel of persons for the constitution or appointment, which will be done by the L-G.
These specifications were unanswered in the ordinance, while it plainly stated that the power to constitute a statutory body and appoint its members will rest with the President.
“Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office bearer or member thereof, constituted or appointed by or under
(a) any law made by the Parliament for the time being in force, applicable to the NCT of Delhi, shall be constituted or appointed or nominated by the President; and
(b) any law made by the Legislative Assembly of NCT of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the L-G, in accordance with the provisions of section 45H,” reads the section in the Bill.
A Delhi government official, however, was of the opinion that the provision in connection with laws made by the legislative assembly under section 45D of the Bill still requires the L-G to take into account the aid and advice of the Council of Ministers.
According to the Bill, an amendment is proposed in section 41 of the Government of National Capital Territory of Delhi Act, 1991.
Unlike the section’s existing heading, which is titled “matters in which the Lieutenant Governor acts at his discretion”, the heading will now read as matters in which the Lieutenant Governor acts in “sole discretion”.
“The section remains silent on the use of the words ‘sole discretion’. So, wherever it remains quiet on the use of these words, then I believe that the aid and advice (of the council of ministers) will apply,” said the official.
However, former Lok Sabha secretary general P.D.T Achary explained that the provisions “water down” the aid and advice of the Council of Ministers. “For example, the Bill also has a provision that requires proposals regarding the summoning of the assembly to be submitted to the L-G for his opinion through the CM and Chief Secretary, before issuing any order,” he added.
Provisions that have been removed
The deleted provisions include section 3A of the ordinance, which stated that the legislative assembly shall not have the power to make laws on any matter relating to services.
The senior Delhi government official explained that it means that the assembly will have powers to make laws on services, but they cannot be in conflict with the provisions of the Bill passed in Parliament.
“For example, if the assembly wants to provide a cadre for hospital services, which does not exist in the current scenario, it can do so. But the assembly cannot make laws on transfers and postings of Group-A civil servants and DANICS officers,” the official explained.
A provision – under Section 45(J) – that required proposals or matters required to be referred to the Central Government to be submitted to the L-G and the Chief Minister for their opinion has also been done away with in the Bill.
(Edited by Tony Rai)
Also Read: PM Modi was once a CM too. He should care for federalism, withdraw Delhi ordinance