Delhi Services Bill: What Is It And How It Changes Centre’s Dynamic With National Capital?

The NCCSA will consist of the Chief Minister, Chief Secretary of Delhi, Principal Home Secretary of Delhi, and recommend transfers and postings of officers to the L-G.

New Delhi: Union Home Minister Amit Shah will be presenting the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, before the Rajya Sabha today. The Central government had earlier passed the bill, which will replace an ordinance promulgated earlier for handling the transfers and postings of senior officers in the city government.

Popularly knows as the Delhi Services Bill, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, empowers the Lieutenant Governor (LG) to exercise his sole discretion on several key matters including but not limited to transfers and postings of officials and disciplinary matters.

The BJP-led Centre and Delhi’s Aam Aadmi Party government have been at loggerheads in recent times over the control of services in the national capital.

Here are some of the key points of the Delhi Services Bill and how it will impact the Centre’s relationship with the Delhi government:

• National Capital Civil Services Authority: For transfers, postings and other disciplinary matters related to bureaucrats, which has been the bone of contention between the Centre and the Delhi government—the National Capital Civil Services Authority (NCCSA) will be established.
• Transfers and postings: The NCCSA will consist of the Chief Minister, Chief Secretary of Delhi, Principal Home Secretary of Delhi, and recommend transfers and postings of officers to the L-G. It will also make recommendations on disciplinary matters against erring officials to the Lieutenant Governor L-G.
• Sole discretion of L-G: The bill changes the power dynamic between the Centre and the Delhi government as the L-G can now exercise his ‘sole discretion’ on key matters, including recommendations made by the NCCSA. The L-G is also empowered to summon, prorogate and dissolve the Delhi Legislative Assembly.
• NCCSA recommendations: The NCCSA recommendations will be based on a majority and the L-G has the power to either approve the recommendations, ask for a reconsideration, or in case of difference of opinion on any of the aforementioned matters, the L-G’s decision will be final.
• Authority: The bill also authorises the department secretaries to bring to the notice of the L-G, the Chief Minister and the Chief Secretary any matter that may bring the Delhi Government and the Centre at loggerheads. In such a scenario, the secretaries are not obliged to consult the concerned minister first and can directly bring the matter to the L-G’s notice.
• Legislative matters: The bill empowers the L-G to have the final say on key legislative and administrative matters, thereby curtailing the powers of the Delhi government. Such matters include those affecting the peace and security situation in Delhi, matter affecting Delhi government’s relationship with the Centre, or any state government, the Supreme Court, or the High Court of Delhi and other authorities.
• Delhi legislature: The bill empowers the President of India to appoint authorities, boards, commissions, statutory bodies, or office bearers for any law of Parliament related to the Union List, while the L-G has been granted similar powers with regards to the Delhi legislature when a matter falls in the ambit of State List.
• Administrative importance: The bill deviates from its parent ordinance in several key areas. The ordinance had stated that any matter of administrative importance which the President or the Delhi CM consider necessary will be submitted to the L-G prior to issuing any order. However, as per the bill, only matters of administrative importance which the CM considers necessary must be submitted to the L-G.

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