Why in the news?
The Government of National Capital Territory of Delhi (Amendment) (GNCTD) Bill has been tabled in the Parliament in an attempt to give effect to the Delhi Ordinance passed earlier.
What is the Delhi ordinance?
1) 'Services' included in the State list was removed from the legislative competence of the Delhi legislative assembly by amending GNCTD Act, 1991
· Services include matters related to appointments and transfers of employees of the Delhi government, and vigilance.
· These will be henceforth carried over by the Central government.
2) National Capital Civil Services Authority was established which consists of
· The Chief Minister
· Chief Secretary of Delhi
· The Principal Home Secretary of Delhi
3) The Authority shall make recommendations to the Lieutenant Governor (LG) regarding
· Transfers and postings of officials and disciplinary matters.
· matters related to Vigilance
· Prosecution sanctions of Group A of All India Services (except Indian Police Service), and DANICS.
4) LG is empowered to exercise his sole discretion on several matters,
· National Capital Civil Services Authority
· Summoning, prorogation and dissolution of the Delhi Legislative Assembly.
The decision of the LG will be final, if there is any difference of opinion between the authority and LG.
5) Ministers of the Delhi government can issue standing orders for disposing of matters brought to his attention in consultation with the concerned Department Secretary.
However, it must be submitted to the LG, through the Chief Minister in certain matters relating to
● The peace and tranquility of Delhi
● Relations between the Delhi government and the central government, Supreme Court, or other state governments
● Summoning, prorogation, and dissolution of the Legislative Assembly
● Matters on which LG is to give an order in his sole discretion.
What are the issues involved?
1) Seeks to undo the recent Supreme Court judgment (2023)
a) Case in question was:
Who would have the control over services and civil servants in Delhi - Delhi government (headed by the elected Chief Minister) or the Lieutenant Governor (appointed by the central government)
b) The SC ruled that Delhi government will have the legislative and executive powers over the 'Services' included in the state subject. This shall be in exclusion to matters of Police, Public order and land which are the exclusive matters of the Central government.
c) The 2023 judgment reaffirmed the 2018 that LG shall not operate in sole discretion but is bound by the aid & advice of Council of Ministers.
2) May violate the Constitution
a) Amends the constitutional powers allocated to the Delhi assembly
i) Article 239AA provides that Delhi Legislative Assembly with powers to make laws on subjects in the State List and the Concurrent List, except: (i) police, (ii) public order, and (iii) land
ii) The Ordinance expands the exclusionary subjects of legislation of the Delhi legislative Assembly.
iii) The powers in Art239AA have been changed through an ordinance which actually demands constitutional amendment as per Article 368.
b) Curtailing the powers of the Delhi Assembly and in turn the Delhi govt. would make both redundant.
c) The ordinance makes ministers to have no powers regarding appointments & transfers of Civil servants, may violate the Basic structure of a democratic government - Triple layer of accountability
i) Civil servants accountable to ministers
ii) Ministers accountable to legislatures
iii) Legislatures accountable to the electorate.
3) The LG may not be bound to act on the aid and advice of the Council of Ministers as he can act in his sole discretion which may violate Art239AA and SC Judgment of 2018.
Timeline on Key Legislations and Judgements on Delhi
