Shruti Suman
Key changes have been introduced in the bill aimed at replacing the ordinance governing the control of services and officer postings in Delhi, according to official sources. The draft bill, scheduled to be presented in Parliament this week by Home Minister Amit Shah, has been shared with Members of Parliament.
The Government of National Capital Territory of Delhi (Amendment) Bill has removed three provisions from the previous ordinance and added one new provision. One contentious provision in the Ordinance, which restricted the Delhi Assembly from passing any laws related to ‘State Public Services and State Public Service Commission,’ has been omitted in the bill.
The newly added provision in the bill states that the Lieutenant Governor will appoint individuals to Boards and Commissions formed by the Delhi government from a panel of names recommended by the National Capital Civil Service Authority, which includes the Chief Minister of Delhi.
The appointment of the chief of the city’s power regulator recently became a point of conflict between the Delhi government and the central government over who would have control over the capital’s bureaucrats.
The central government had issued the ordinance to override a Supreme Court ruling that granted the elected government in Delhi control over the transfer and appointments of bureaucrats.
The controversial bill has triggered a major confrontation between the Arvind Kejriwal government and the central government. The Aam Aadmi Party has accused the BJP of attempting to undermine the rule of law while trying to take control of officers in the capital. Arvind Kejriwal has traveled across the country, meeting various chief ministers and opposition party leaders, seeking their support.
Omissions:
The bill removes the provision inserted as Section 3A through the Ordinance, which related to ‘Additional provisions with regard to Delhi Legislative Assembly.’ This section granted powers to the Legislative Assembly to make laws as per Article 239AA, except for matters listed in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any connected or incidental matters.
The requirement to table the ‘annual report’ of the National Capital Civil Service Authority in Parliament and the Delhi Assembly has been removed.
The provision mandating the submission of ‘orders/directions of ministers pertaining to proposals or matters required to be referred to the central government before the Lieutenant Governor and the Chief Minister of Delhi’ has been omitted.
Addition:
The bill includes a new provision that requires the National Capital Civil Service Authority to recommend a panel of names for appointment by the Lieutenant Governor for Boards or Commissions established by laws passed by the Delhi Assembly.
Supreme Court Matter:
In May, the Supreme Court ruled in favor of the Delhi government, granting it control over all services in the national capital, except those related to public order, land, and police.
The central government has sought a review of the verdict, and the Delhi government has also challenged the ordinance brought by the central government after the Supreme Court ruling.
Last week, the Supreme Court referred the Delhi government’s plea challenging the Centre’s ordinance to a five-judge constitution bench. The constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services.
