The Delhi Services Bill, officially known as the Government of National Capital Territory of Delhi (Amendment) Bill 2023, had drawn sufficient eyeballs even before its introduction in Lok Sabha. It had been a topic of discussion in opposition meetings and public discourse. While the AAP portrays the bill as a measure to cut down the powers of the Delhi government, the Centre views it as a move to discipline the Delhi Chief Minister. Going by the support to the BJP, it is no surprise that the Union government got the bill passed through voice vote.
Beyond the support and opposition to the bill, it sheds light on the lack of backing that Delhi CM Arvind Kejriwal and AAP receive from parties opposed to Prime Minister Narendra Modi. These parties are uniting to unseat him ‘at any cost’, but curiously, they are hesitant and unwilling to support the Delhi CM.
The bill assumes importance in the context of a previous ordinance promulgated on 19 May, a sequel to the Supreme Court’s ruling that granted power over local administration and control of the services of civil servants to the Delhi Government, excluding public order, police, and land. Section 3A of the ordinance stated that the provisions will prevail “notwithstanding anything contained in any judgement, order or decree of any court”, clearly seeking to override the Supreme Court’s ruling. However, this provision was dropped in the final bill, likely due to the Supreme Court’s disapproval of the Centre’s move to create laws supposedly ‘curtailing’ a state government’s powers.
The Supreme Court’s intention was to ensure that the Delhi government could control the appointment and services of civil servants to have a say in policy formulation and implementation. However, the ordinance proposed an authority comprising the Chief Minister, Chief Secretary, and Home Secretary of Delhi government, which could recommend transfers and postings of Group A officers and DANICS officers, subject to the Lieutenant Governor’s approval. It is probably this point that raised the hackles of Kejriwal and prompted him to undertake a tour of states ruled by parties opposed to the Modi government.
Also read: Bill to replace Delhi ordinance passed in Lok Sabha, Oppn spars with Amit Shah before walkout
A lesson for Kejriwal
The Delhi CM should know that the Constitution of India clearly delineates the powers of the Delhi government and the Union government. It would be wise for him to heed the advice of former chief minister Sheila Dikshit and prioritise governance over conflicts. Dikshit had rightly blamed the ‘conflict’ between the Delhi CM and then-LG as the creation of the Aam Aadmi Party. “Whenever we had a difference of opinion, we always talked and sorted it out. Governance was never affected,” she said.
The best course of action for both the Centre and the ‘over ambitious’ Delhi CM would be to forget the past and focus on adopting and implementing policies that will alleviate the people’s burdens rather than settling ego tussles.
The passage of the bill has streamlined several issues. The highly ambitious Chief Minister’s intent in raising this controversy seemed to provoke a direct confrontation between the central government and the Supreme Court, which could have been embarrassing for both. With the Bill passed without the contentious Section 3A, the courts still have a say on the bill. But it is doubtful if any court will fuel litigation over this bill anymore.
Another purpose of Delhi Chief Minister in raking up this issue was to garner support from opposition parties, which would have made the bill’s passage more challenging for the central government. If such a thing had happened, Kejriwal would have emerged as the leader of the opposition parties’ platform and got himself catapulted to a larger-than-life image deserving of a much higher pedestal. Many opposition parties, including the Congress, saw through the game plan and distanced themselves from the bill after criticising some of its provisions.
Currently, it appears that the Union government has disciplined the Delhi Chief Minister and effectively neutralised his efforts. Ironically, opposition parties seem to have, willingly or unwillingly, stood by the central government in their strategy to show the Delhi CM his place.
Seshadri Chari is the former editor of ‘Organiser’. He tweets @seshadrichari. Views are personal.
(Edited by Prashant)