The President of India Droupadi Murmu on Friday granted assent to the Government of National Capital Territory of Delhi (Amendment) Act 2023..The Delhi Services Bill, now named the Government of National Capital Territory of Delhi (Amendment) Act, 2023, would be deemed to have been in effect since May 19, 2023, as per the notification. The Rajya Sabha had passed the bill on August 7 to replace the Delhi Services Ordinance that was earlier promulgated by the President of India on May 19. 131 Members of Parliament (MPs) voted in favour of the passage of the bill while 102 MPs voted against it. Before this, the Lok Sabha passed the bill through a voice vote on August 3.The bill provides for the formation of a National Capital Civil Service Authority (Authority).The Delhi Chief Minister shall be the ex-officio chairperson whereas the Chief Secretary will be an ex-officio member of this body. The Principal Home Secretary of the Delhi government will be the ex-officio Member Secretary of the Authority..All matters before the Authority will be decided by voting of the members.“All recommendations of the authority shall be authenticated by the member secretary,” states sub-clause 4 of Section 45E. The nature and categories of officers and other employees meant to assist the Authority in discharging its functions will be determined by the Central government in consultation with the Authority.Under Section 45C, the Central government may make rules on the tenure, salaries, allowances, etc., of officers appointed to various services in Delhi, and the powers, functions, duties, transfers, penalty procedures, etc. of such officers and employees. According to Section 45H(1), the Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ (IAS) officers and officers of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Services (DANICS) serving in the Delhi government.The Authority can also recommend to the Lieutenant Governor (LG) matters of vigilance or otherwise for disciplinary proceedings against public servants working in the Delhi government. The LG may then pass appropriate orders. Besides, policy decisions will be undertaken by the LG on the recommendations of the Authority..The ordinance replaced by this bill, titled the Government of National Capital Territory of Delhi (Amendment) Ordinance, was promulgated on May 19. It amended the 1991 Government of National Capital Territory of Delhi Act to give overriding powers to the Lieutenant Governor (LG) of Delhi when it came to the transfer, posting, and control over officers in Delhi.The Ordinance stated that it is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central government.This move came after the Supreme Court restored power over the services to the Delhi government on May 11.The apex court had held that the Delhi government would have control over all services in the national capital, including the Indian Administrative Service (IAS), except those pertaining to land, police, and law and order..In a unanimous judgment, a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha had held,"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.".[Read Act]
The President of India Droupadi Murmu on Friday granted assent to the Government of National Capital Territory of Delhi (Amendment) Act 2023..The Delhi Services Bill, now named the Government of National Capital Territory of Delhi (Amendment) Act, 2023, would be deemed to have been in effect since May 19, 2023, as per the notification. The Rajya Sabha had passed the bill on August 7 to replace the Delhi Services Ordinance that was earlier promulgated by the President of India on May 19. 131 Members of Parliament (MPs) voted in favour of the passage of the bill while 102 MPs voted against it. Before this, the Lok Sabha passed the bill through a voice vote on August 3.The bill provides for the formation of a National Capital Civil Service Authority (Authority).The Delhi Chief Minister shall be the ex-officio chairperson whereas the Chief Secretary will be an ex-officio member of this body. The Principal Home Secretary of the Delhi government will be the ex-officio Member Secretary of the Authority..All matters before the Authority will be decided by voting of the members.“All recommendations of the authority shall be authenticated by the member secretary,” states sub-clause 4 of Section 45E. The nature and categories of officers and other employees meant to assist the Authority in discharging its functions will be determined by the Central government in consultation with the Authority.Under Section 45C, the Central government may make rules on the tenure, salaries, allowances, etc., of officers appointed to various services in Delhi, and the powers, functions, duties, transfers, penalty procedures, etc. of such officers and employees. According to Section 45H(1), the Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ (IAS) officers and officers of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Services (DANICS) serving in the Delhi government.The Authority can also recommend to the Lieutenant Governor (LG) matters of vigilance or otherwise for disciplinary proceedings against public servants working in the Delhi government. The LG may then pass appropriate orders. Besides, policy decisions will be undertaken by the LG on the recommendations of the Authority..The ordinance replaced by this bill, titled the Government of National Capital Territory of Delhi (Amendment) Ordinance, was promulgated on May 19. It amended the 1991 Government of National Capital Territory of Delhi Act to give overriding powers to the Lieutenant Governor (LG) of Delhi when it came to the transfer, posting, and control over officers in Delhi.The Ordinance stated that it is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central government.This move came after the Supreme Court restored power over the services to the Delhi government on May 11.The apex court had held that the Delhi government would have control over all services in the national capital, including the Indian Administrative Service (IAS), except those pertaining to land, police, and law and order..In a unanimous judgment, a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha had held,"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which comes under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.".[Read Act]
