Central Idea

The Rajya Sabha passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 four days after the Lok Sabha cleared the Bill.
It will promulgate into law once signed by the President of India.

delhi

Delhi Services Bill, 2023: A Backgrounder

In May 2023, the Supreme Court ruled in favor of the Delhi government, granting it control over most services in the capital city, except for public order, land, and police cases.
However, the Centre introduced an ordinance on May 19 to override the top court’s order, giving more authority to the Lieutenant Governor (LG) in matters of appointments and transfers of bureaucrats.

National Capital Civil Services Authority: The bill establishes the National Capital Civil Services Authority to make recommendations to the LG on certain service-related matters, including transfers, vigilance, and disciplinary proceedings.
Powers of the LG: The bill expands the discretionary role of the LG, allowing him to override the recommendations of the Authority and act on his sole discretion in certain matters.
Disposal of Matters by Ministers: The bill allows Delhi government ministers to issue standing orders for matter disposal, subject to consultation with the concerned Department Secretary. However, certain sensitive matters must be submitted to the LG for his opinion before issuing any order.
Duties of Secretaries: Department Secretaries must bring certain matters to the notice of the LG, Chief Minister, and Chief Secretary, particularly those that may lead to controversy with other state governments, courts, or the central government.

Removal of Clause 3A: The bill eliminates a provision from the ordinance that prevented the Delhi Assembly from creating laws related to ‘State Public Services and State Public Service Commission.’ This gives the assembly the authority to make regulations concerning services.
No Annual Report needed by NCCSA: The National Capital Civil Service Authority (NCCSA) will no longer be required to submit an annual report to Parliament and the Delhi Assembly, removing the obligation to present the report before these legislative bodies.
Modification in Appointment Cycle: The bill dilutes provisions related to the appointment of chairpersons and members of various authorities, boards, commissions, and statutory bodies in Delhi. It removes the requirement for “orders/directions of ministers” in matters that need to be sent to the central government before the Lieutenant Governor and Chief Minister.
Appointment of Delhi LG Powers: The bill empowers the Lieutenant Governor to select members of the Delhi government’s Boards and Commissions from a list of names suggested by the NCCSA, including recommendations from the Delhi Chief Minister. These Boards and Commissions are established by regulations passed by the Delhi Assembly.

Violation of Triple Chain of Accountability: Critics argue that the bill may violate the principle of parliamentary democracy by potentially giving the central government powers over services in Delhi, thereby breaking the triple chain of accountability between civil servants, ministers, and the electorate.
LG’s Discretionary Powers: The bill expands the LG’s discretionary powers, allowing him to override the decisions of the Council of Ministers, which could potentially impede the functioning of the democratically elected government.
Unclear Terms: Certain terms in the bill, such as “sole discretion” of the LG and criteria for matters brought to his notice, are considered vague and could lead to ambiguity in implementation.
Opposition’s Concerns: Opposition leaders have voiced strong opposition to the bill, claiming that it undermines democratic heritage, the spirit of federalism, and the powers of an elected government.

The Centre has defended the bill, asserting that India has a quasi-federal structure where the Centre holds primacy.
The bill aims to balance the interests of Delhi and the nation.

The Delhi Services Bill, 2023, has become a focal point of contention between the Delhi government and the central government.
While proponents argue that it brings clarity to the distribution of powers, opponents claim that it may infringe upon the principles of parliamentary democracy and the constitutional separation of powers.
As the debate continues, it remains to be seen how the bill’s implementation will unfold and its impact on governance in the national capital.

Year	Development
1956	Delhi is classified as a Union Territory under the States Reorganization Act.
1991-92	69th Constitutional Amendment (Article 239AA) passed, making Delhi a UT with legislature. Government of National Capital Territory of Delhi (GNCTD) Act, 1991 is passed. 70th Constitutional Amendment exempts certain laws from being considered constitutional amendments.
2015	Ministry of Home Affairs takes control over services from Delhi legislature, empowering the LG.
2016	Delhi High Court rules that services lie outside the Delhi legislative assembly’s purview.
2018	Supreme Court rules that the LG must act on “aid and advice” of the Delhi council of ministers.
2019	Supreme Court delivers a split verdict on the issue of services.
2021	Union government amends the GNCTD Act, expanding the LG’s powers in certain matters.
2023	Supreme Court rules that Delhi government has control over services. Central government promulgates an Ordinance to exclude “services” from Delhi legislature’s purview. GNCTD (Amendment) Bill, 2023 passed by the Parliament awaiting Presidents Assent.