Centre makes key changes in Delhi services bill

New Delhi: The Delhi services bill, which is going to be introduced in the Lok Sabha on Tuesday, has some significant omissions as compared to the ordinance which was brought on May 19.

The Delhi services bill, officially known as the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, is set to be introduced in Parliament on Tuesday and will replace an existing ordinance that overrides a Supreme Court order giving the Delhi government control over most services.

The ordinance has been a major flashpoint between Arvind Kejriwal’s Aam Aadmi Party and the Centre.

The Supreme Court had ruled in favour of the Delhi government on May 11, giving it control over most services in the capital city, except for public order, land, and police matters. On May 19, the Centre introduced an ordinance to override the top court's order, which had granted the elected government in Delhi the authority to handle the transfer and appointments of bureaucrats.

The AAP government in Delhi has accused the BJP-led Centre of attempting to subvert the rule of law and take over control of officers in the capital. The bill has undergone significant changes; three provisions that were part of the ordinance have been dropped from the bill.

Removal of Section 3A

The bill removes a provision in the ordinance that previously prevented the Delhi Assembly from making laws concerning ‘State Public Services and State Public Service Commission’. Section 3A, which was added through an ordinance, said that the Delhi assembly won’t have the power to make laws related to services. This has now been taken out of the bill. Instead, the bill now concentrates on Article 239AA, which empowers the Centre to establish the National Capital Civil Service Authority (NCCSA).

Annual Report nixed

Previously, the NCCSA had to submit an annual report of its activities to both Parliament and the Delhi Assembly. The bill eliminates this obligation, meaning the report no longer needs to be presented before these legislative bodies.

Changes in Appointments

The bill dilutes provisions under Section 45D, which deals with appointing chairpersons and members of various authorities, boards, commissions, and statutory bodies in Delhi. It removes the requirement for ‘orders/directions of ministers’ regarding proposals or matters to be referred to the central government before the Lieutenant Governor and the Chief Minister.

L-G’s Powers

The bill introduces a new provision stating that the Lieutenant Governor will now make appointments to Boards and Commissions formed by the Delhi government based on a list of names recommended by the NCCSA. This list will include the Delhi Chief Minister’s recommendations. The Boards or Commissions are established by laws passed by the Delhi Assembly.