 "Delhi Services Bill 2023")
The Delhi Services Bill, formally known as the Government of National Capital Territory of Delhi (Amendment) Bill 2023, is being presented in the Parliament now and will replace a current ordinance that overrides a Supreme Court directive giving the Delhi government command over most services. The ordinance has been a major source of contention between the Centre and Arvind Kejriwal's Aam Aadmi Party.
The Supreme Court had decided the case in favour of the Delhi government on May 11, giving it command over most services in the capital city, apart from public order, land, and police cases. On May 19, the Centre presented an ordinance to beat the top court's order, which had granted the chosen government in Delhi the authority to handle the transfer and appointments of bureaucrats.
The AAP government in Delhi has blamed the BJP-led Centre for attempting to subvert the law and order and take control over the bureaucracy in the capital. The Opposition alliance INDIA, of which AAP is a member, is expected to raise vehement opposition to the bill's introduction in Parliament.
What is the story behind the Delhi Services Bill 2023?
The Centre on Tuesday presented the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in Lok Sabha. The motive of the Bill is to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023 on the command of services in Delhi.
While the Opposition attacked the government claiming that the Bill means to remove Delhi Assembly’s powers, Union Home Minister Amit Shah said, "All objections raised are political, which do not have any Constitutional basis.”
The Centre had declared the Ordinance on May 19, 2023; eight days after the Constitution Bench of the Supreme Court announced its judgement in the Government of NCT of Delhi v. Union of India case, giving more powers to the Delhi government over services in Delhi.
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The Bill was presented by Minister of State for Home Affairs Nityanand Rai in Lok Sabha in the midst of noisy protests by the Opposition led by Congress leader Adhir Ranjan Chowdhury, who brought up criticisms regarding its presentation under Rule 72 of the Procedure and Conduct of Business in Lok Sabha.
The bill's introduction was allowed by the Speaker. The government made minor changes in the bill. Section 3A of the ordinance has been eliminated. The ordinance empowers the Lieutenant Governor with exclusive powers to make recruitments to or select individuals/chairperson of all bodies, boards, corporations. The Lok Sabha bill grants this authority to the LG only for bodies, boards, and commissions established by an act of Parliament.
What are the changes involved in the Delhi service bill 2023 or Government of National Capital Territory of Delhi (Amendment) Bill 2023?
There have been significant changes made to the bill. The bill has dropped three provisions that were included in the ordinance alongside the changes that will apply to Delhi administration:
• Removal of 3A- The bill removes a clause from the ordinance that had previously prevented the Delhi Assembly from creating laws regarding the 'State Public Services and State Public Service Commission'.
Section 3A, which was added via law, said that the Delhi assembly will not have the ability to make regulations connected with services. The bill now does not include this. Instead the bill currently focuses on Article 239AA, which engages the Centre to establish the National Capital Civil Service Authority (NCCSA).
• No annual report- The NCCSA no longer had to submit an annual report detailing its activities to Parliament and the Delhi Assembly. The bill removes this obligation, meaning the report will never again be introduced before these legislative bodies.
• Appointment cycle modification- The bill dilutes provisions under Section 45D, which manages chairpersons and individuals from different authorities, boards, commissions, and statutory bodies in Delhi. It eliminates the need for "orders/directions of ministers" when it comes to proposals or matters that need to be sent to the central government prior to the Lieutenant Governor and the Chief Minister.
• Appointment of Delhi LG powers- the new provision in the bill states that the Lieutenant Governor will now choose members of the Delhi government's Boards and Commissions from a list of names suggested by the NCCSA. This list will have the Delhi Chief Minister's suggestions. The Boards or Commissions are founded by regulations passed by the Delhi Assembly.
