A Bill that is set to replace the Delhi services Ordinance designating the Lieutenant Governor (L-G) as the authority who will have the final say on the postings and transfer of all bureaucrats serving under the Delhi government will be introduced in the Lok Sabha on August 1.
A top floor manager of the government in the Parliament told The Hindu that the government will try to push through The Government of National Capital Territory of Delhi (Amendment) Act, 2023, on Tuesday. Asked about the scheduling of the no-confidence debate, the source claimed that the government is ready and he expected the Speaker Om Birla to schedule the debate soon.
The draft Bill, which mandated the creation of an authority for transfers and postings of senior officers in the Delhi government, has been circulated among MPs.
The Bill deviates from the May 19 Ordinance on two aspects. First, it drops Section 3A that said, “Notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto.”
The second deviation - it also empowers the L-G to appoint the heads of boards or commissions that are enacted by Delhi Legislative Assembly.
The Ordinance, promulgated by President Droupadi Murmu on May 19, sought to amend the Government of NCT of Delhi Act, 1991 effectively negating the May 11 Supreme Court judgement that gave the Arvind Kejriwal-led Aam Aadmi Party (AAP) government the power to make laws and wield control over bureaucrats deputed to the Delhi government.
“With a view to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution, a permanent authority, headed by the Chief Minister of Delhi along with the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi, is being constituted to make recommendations to the Lieutenant Governor regarding matters concerning transfer postings, vigilance and other matters,” according to the statement of objects and reasons of the Bill.
The National Capital Civil Service Authority (NCCSA) shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers (IAS) and officers of DANICS serving in the Delhi government.
It says that this would balance the interest of the nation with the interest of the Union territory of Delhi in the administration of the capital to the manifestation of the will of the people reposed in the Central government as well as the government of NCT of Delhi. Justifying the move to bring the Bill, the statement of objects and reasons said that several important national and international institutions and authorities like the President, the Parliament, the Supreme Court, various constitutional functionaries, foreign diplomatic missions, international agencies, etc., are located in Delhi and high dignitaries from other nations pay official visits to Delhi.
The highest possible standards are required to be maintained in the administration and governance of the NCT of Delhi, it said.
It said that any decision taken in respect of Delhi not only affects the residents of the city but the entire country and shall have the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum and therefore, the entire nation is vitally interested in the governance of the NCT. “Delhi being the capital of India has a unique status and certain distinguished features and there is need to promote the national interests without compromising the aspirations of the residents of Delhi,” it says. The Bill says the Constitution defines the territory of India, comprising States and Union territories and its provision provides that the Union territories are to be governed solely by the President.
According to the Bill, there shall be an Authority to be known as the NCCSA consisting of the Chief Minister of Delhi, who shall be the ex-officio chairperson of the authority, the Chief Secretary of Delhi, who will function as Member and the Principal Home Secretary, Delhi, who shall be the Member-Secretary. All matters required to be decided by the Authority shall be decided by majority of votes of the Members present and voting.
