Few different provisions in Delhi services bill from that of ordinance

The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which was tabled in Lok Sabha on Tuesday, to replace an ordinance issued for transfers and postings of senior officers in the Delhi government, will have few different provisions from that of the ordinance.

However, the bill will have all major provisions of the ordinance, promulgated by the central government on May 19, a week after the Supreme Court handed over the control of services in Delhi excluding police, public order and land to the elected government headed by Chief Minister Arvind Kejriwal.

In the bill, there is no mention about a provision incorporated in the ordinance that restricted the state assembly from enacting any law on 'services'.

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The bill will give the central government primacy over the Delhi government on appointment of officers belonging to the all India services and DANICS. But it dropped the provision, mentioned in the ordinance, under which the state assembly had no role in enacting any law on 'services'.

The bill dropped the requirement mandated under the ordinance for Delhi government to furnish annual reports to the central government.

It also dropped the provision mandating placing of "orders/directions of ministers pertaining to proposals or matters required to be referred to the central government before the LG and the chief minister of Delhi".

In departure from the ordinance, the bill added sub-section (b) to Section 45D of the bill to allow the NCT government to "recommend a panel of suitable persons for appointment by the LG" to any authority, board, commission or statutory body. In the ordinance (under Section 45D), all such powers were with the President, or in other words the Centre.

However, there is a caveat in this provision that says the state government's power to make recommendations will be limited only to bodies created and governed by the state assembly.

Also, the role of the Delhi government in the matter will stop at making the recommendation, with the bill empowering the LG with the power to turn down recommendations or seek modifications.

According to the bill, all transfer and postings of senior officers in the Delhi government will be done by a three-member committee headed by the Delhi chief minister.

"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 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 National Capital Territory of Delhi.

Justifying the move to bring the bill, the statement of objects and reasons says 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 National Capital Territory of Delhi, it says.

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 National Capital Territory of Delhi, it says.

"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 National Capital Civil Service Authority consisting 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.

The quorum for the meeting of the authority shall be of two members.

All recommendations of the authority shall be authenticated by the member-secretary.

The authority will decide the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie and other matter which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of persons appointed to services and posts.

The LG, after the receipt of such recommendation will pass appropriate orders giving effect to the recommendation made.

Provided that the LG, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group 'A' officers, including the officers of the All India Services and DANICS, serving in the Delhi government.

If the LG differs with the recommendation made he may return the recommendation to the authority for reconsideration.

"Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final," the bill says.