NEW DELHI:- The AAP expressed concerns that the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, introduced in Lok Sabha on Tuesday, diminishes the Delhi government's authority to that of an advisory council at best..
In New Delhi, amid strong protests from opposition MPs who deemed it "unconstitutional," the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 was introduced in the Lok Sabha on Tuesday. This bill replaces the contentious Delhi Ordinance on the control of services in the national capital.
The introduction of the legislation resulted in protests from the opposition INDIA alliance in parliament, who accused the Modi government of "weakening federalism."
However, Home Minister Amit Shah stated during the bill's introduction that the opposition's objections were merely "political."
The Bill will replace the Delhi Ordinance implemented on May 19, which had overruled a court order stating that only Delhi's elected government holds authority over civil servants. The court also asserted that, apart from matters related to land, police, and public order, the lieutenant governor has no independent decision-making powers under the Constitution.
The bill's statement of reasons and objectives emphasizes that Delhi, as the capital of India, holds a unique status and distinct features. It aims to promote national interests without compromising the aspirations of the city's residents. The Constitution's Article 1 defines India's territory, comprising States and Union territories, and Article 1, along with Article 239, stipulates that the Union territories are to be governed solely by the President.
The special status of Delhi under Article 239AA, which was introduced in the Constitution through the 69th Amendment in 1991 following the recommendations of the S. Balakrishnan Committee, is a notable aspect.
Regarding the bill, it removes the contentious Section 3A from the ordinance, which previously stated that the Delhi legislative assembly would not have control over services listed under Entry 41 of List II of the Seventh Schedule of the Constitution. However, the bill empowers the Lieutenant Governor (LG) and designates him as the final authority in various critical matters.
Entry 41 of List II of the Seventh Schedule of the Constitution covers State public services and the State Public Service Commission under the State List.
The bill creates the National Capital Civil Services Authority (NCCSA), responsible for making recommendations to the LG, who is appointed by the Union government.
The NCCSA will consist of the chief minister as the chairperson, the principal home secretary of Delhi as the member secretary, and the chief secretary of Delhi as a member.
The principal home secretary and chief secretary will both be appointed by the central government.
The NCCSA will be responsible for making recommendations to the LG on various matters concerning civil servants of Group A of All India Services (except Indian Police Service) and DANICS (Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services). The LG's decisions on these recommendations will hold sway, and there is a possibility for the Union government-appointed members to override the chief minister's decisions due to decisions being made by a majority.
The bill grants the LG the power of "sole discretion" in several areas, including matters outside the legislative competence of the Delhi Legislative Assembly but delegated to the LG, as well as cases where he is required to exercise judicial or quasi-judicial functions.
The law limits the elected government's authority to issue orders on crucial matters, as the final say lies with the LG in areas affecting peace and tranquility in Delhi, the Delhi government's relations with the Central government, any state government, the Supreme Court of India, or the High Court of Delhi, and other authorities. Additionally, the LG has control over the summoning, prorogation, and dissolution of the Legislative Assembly, among other matters.
The bill also permits department secretaries to approach the LG, chief minister, and chief secretary without consulting the relevant minister.
In New Delhi, amid strong protests from opposition MPs who deemed it "unconstitutional," the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 was introduced in the Lok Sabha on Tuesday. This bill replaces the contentious Delhi Ordinance on the control of services in the national capital.
The introduction of the legislation resulted in protests from the opposition INDIA alliance in parliament, who accused the Modi government of "weakening federalism."
However, Home Minister Amit Shah stated during the bill's introduction that the opposition's objections were merely "political."
The Bill will replace the Delhi Ordinance implemented on May 19, which had overruled a court order stating that only Delhi's elected government holds authority over civil servants. The court also asserted that, apart from matters related to land, police, and public order, the lieutenant governor has no independent decision-making powers under the Constitution.
The bill's statement of reasons and objectives emphasizes that Delhi, as the capital of India, holds a unique status and distinct features. It aims to promote national interests without compromising the aspirations of the city's residents. The Constitution's Article 1 defines India's territory, comprising States and Union territories, and Article 1, along with Article 239, stipulates that the Union territories are to be governed solely by the President.
The special status of Delhi under Article 239AA, which was introduced in the Constitution through the 69th Amendment in 1991 following the recommendations of the S. Balakrishnan Committee, is a notable aspect.
Regarding the bill, it removes the contentious Section 3A from the ordinance, which previously stated that the Delhi legislative assembly would not have control over services listed under Entry 41 of List II of the Seventh Schedule of the Constitution. However, the bill empowers the Lieutenant Governor (LG) and designates him as the final authority in various critical matters.
Entry 41 of List II of the Seventh Schedule of the Constitution covers State public services and the State Public Service Commission under the State List.
The bill creates the National Capital Civil Services Authority (NCCSA), responsible for making recommendations to the LG, who is appointed by the Union government.
The NCCSA will consist of the chief minister as the chairperson, the principal home secretary of Delhi as the member secretary, and the chief secretary of Delhi as a member.
The principal home secretary and chief secretary will both be appointed by the central government.
The NCCSA will be responsible for making recommendations to the LG on various matters concerning civil servants of Group A of All India Services (except Indian Police Service) and DANICS (Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services). The LG's decisions on these recommendations will hold sway, and there is a possibility for the Union government-appointed members to override the chief minister's decisions due to decisions being made by a majority.
The bill grants the LG the power of "sole discretion" in several areas, including matters outside the legislative competence of the Delhi Legislative Assembly but delegated to the LG, as well as cases where he is required to exercise judicial or quasi-judicial functions.
The law limits the elected government's authority to issue orders on crucial matters, as the final say lies with the LG in areas affecting peace and tranquility in Delhi, the Delhi government's relations with the Central government, any state government, the Supreme Court of India, or the High Court of Delhi, and other authorities. Additionally, the LG has control over the summoning, prorogation, and dissolution of the Legislative Assembly, among other matters.
The bill also permits department secretaries to approach the LG, chief minister, and chief secretary without consulting the relevant minister.
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