In recent years, the governance of India's capital, Delhi, has been characterized by an ongoing power struggle between the Delhi government and the Central Government. The latest development in this ongoing conflict is the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which has replaced an ordinance concerning the control of services in the National Capital Territory of Delhi (NCTD). This bill aims to redefine the administrative landscape of Delhi, balancing the interests of the local government with the overarching authority of the Central Government.
Background
The roots of this administrative tussle trace back to the 69th Constitutional Amendment Act of 1991, which introduced Article 239 AA into the Indian Constitution. This article granted special status to Delhi and established an Administrator and Legislative Assembly for the NCTD. While the Legislative Assembly was empowered to legislate on most matters, it was barred from addressing issues related to Police, Public Order, and Land.
Over the years, governance in the NCTD has been plagued by conflicts between the Delhi government and the Lieutenant Governor (L-G), who represents the Central Government's interests. One of the primary points of contention has been the control over administrative services, including appointments and transfers.
Supreme Court Decision on Delhi's Administrative Control
The question of who controls administrative services in Delhi reached the Supreme Court in 2019. A two-judge bench delivered a split verdict and recommended a three-judge bench to resolve the issue. In May 2022, a three-judge bench referred the case to a larger bench at the Central Government's request. They acknowledged that the matter required "further examination."
In May 2023, a five-judge constitutional bench of the Supreme Court finally clarified the situation. The court ruled that the Delhi Government would have legislative and executive control over administrative services in the NCTD, except in matters related to public order, police, and land. This ruling marked a significant shift in power from the L-G, Chief Secretary, and the Services Department to the Delhi Government.
Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
Shortly after the Supreme Court's judgment in favor of the Delhi Government, the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023. The ordinance's objective was to create a "comprehensive scheme of administration of services" that balances local interests with the democratic will of the nation.
However, the ordinance sparked controversy by reinstating the L-G's authority over services. It required the L-G to consult the Chief Minister only at his "discretion," thereby diminishing the powers granted to the Delhi Government by the Supreme Court's ruling.
Government of National Capital Territory of Delhi (Amendment) Bill, 2023
Now, let's delve into the key features of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023:
1. National Capital Civil Services Authority (NCCSA):
The bill establishes the NCCSA, responsible for making recommendations to the L-G on specific service-related matters.
These include transfers and postings, vigilance matters, disciplinary proceedings, and prosecution sanctions for Group A officers (except the Indian Police Service) and DANICS.
The Authority comprises the Chief Minister of Delhi as Chairperson, the Principal Home Secretary of the Delhi government as Member Secretary, and the Chief Secretary of the Delhi government as a member.
Notably, the central government appoints both the Principal Home Secretary and Chief Secretary.
All decisions of the Authority will be based on a majority vote of the members present and voting.
2. Powers of the L-G:
The bill outlines specific matters where the L-G may act at his discretion. These include issues outside the legislative competence of the Delhi Legislative Assembly but delegated to the L-G and matters requiring his discretion or involving judicial or quasi-judicial functions.
It expands the L-G's discretionary role by granting him powers to approve or return the recommendations of the Authority for reconsideration.
In cases of a difference of opinion between the L-G and the Authority, the L-G's decision will be deemed final.
3. Disposal of Matters by Ministers:
The bill allows a Minister of the Delhi government to issue standing orders for the disposal of matters brought to their attention.
Such orders must be issued in consultation with the concerned Department Secretary.
Certain matters must be submitted to the L-G, through the Chief Minister and Chief Secretary, for his opinion before issuing any order.
4. Duties of Secretaries:
Additionally, the bill places the responsibility on the concerned Department Secretary to bring specific matters to the notice of the L-G, Chief Minister, and Chief Secretary.
These matters include those that could lead to disputes with the central or any state government, the Supreme Court, or the High Court of Delhi.
Conclusion
The passage of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, represents a significant development in the ongoing battle for administrative control in Delhi. While the bill seeks to strike a balance between local and national interests, it also expands the discretionary powers of the Lieutenant Governor, which has raised concerns about the potential for continued conflicts between the Delhi government and the Central Government. The delicate equilibrium between these two entities will continue to shape the administrative landscape of the capital city.
Note for UPSC Aspirants: For UPSC aspirants interested in exploring further, here are some keywords to guide your research: Federalism, Role of Lieutenant Governor, Ordinance, Parliamentary Committees, Constitutional Amendments, Union Territories, States Reorganisation.
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