Understanding the Delhi Services Bill:
Its Impact and the History Behind its Inception Unveil the story behind the Delhi Services Bill.
On Monday, the Rajya Sabha approved the Government of National Capital Territory of Delhi (Amendment) Bill, 2023. The Bill, which received 131 votes in favour and 102 against, supersedes the previous ordinance regarding transfers and appointments of high-ranking officials in the Delhi government.
The Delhi Services Bill denotes significant historical changes made in 1956. During this period, the national capital Delhi underwent a transition, transitioning from a city to a Union Territory.
Consequently, a Metropolitan Council was established at the local level. The monumental Delhi Administration Act was passed in 1966, which led to the replacement of the Chief Commissioner by the Lieutenant Governor (LG).
The inaugural LG of Delhi was officially appointed on the 7th of November in the same year.
Despite these changes, the Metropolitan Council only held the capacity to provide advice to the LG, creating a long-standing rights conflict between the Central Government and the current Kejriwal administration.
This conflict continues to be a significant point of contention.
On Thursday, the Lok Sabha passed a bill replacing an ordinance issued regarding the transfer and posting matter of senior officials in Delhi’s government.
This move happened in the face of opposition party walkouts. The legislation entitled The Government of the National Capital Territory of Delhi (Amendment) Bill, 2023 and was approved after extensive deliberation, lasting close to four hours.
Union Home Minister Amit Shah fielded the responses. The aforementioned ordinance was instated by the central government on May 19th, just one week after the authority was granted by the Supreme Court for services within Delhi, excluding police, public order, and land matters, to the democratically elected government under Chief Minister Arvind Kejriwal.
The Delhi government, led by the Aam Aadmi Party (AAP), is in constant disputes with the Central Government. The contention is over the control of Group-A and DANICS officers within the administration of the National Capital Territory.
In his response during the debate on the bill, Amit Shah clarified. He said that the Central Government has the authority to enact laws for Union territories. Since Delhi is one of these territories, the Centre fully possesses the right to establish rules for it.
To summarize briefly:
- The proposed Delhi services legislation will allow the central government to oversee disciplinary actions, such as suspensions and investigations, involving officials of the national capital.
- Furthermore, the Lieutenant Governor (LG) will be granted the authority to make independent decisions on a range of issues.
- These issues include but are not limited to recommendations made by the National Capital Civil Services Authority and the convening, adjournment, and dissolution of the Delhi Legislative Assembly.
Delhi Government Versus Lieutenant Governor: The Origin of the Conflict
The conflict between the Delhi government and the Lieutenant Governor (LG) began in 2015, shortly after Arvind Kejriwal was appointed Chief Minister.
Kejriwal decreed that all files concerning land, police, and law and order should be brought to his attention prior to being submitted to the LG. Najeeb Jung, who was the LG at that time, defied this order.
Following this challenge, Jung invoked his power and nullified the appointments of all officials appointed by the Delhi government.
Jung contended that he held exclusive authority to conduct such appointments.
The High Court declared that the Lieutenant Governor (LG) has the ultimate authority in Delhi. Immediately after the LG was granted the power to transfer and appoint officers, the Delhi government turned to the High Court.
A significant ruling took place in August 2016, with the Delhi High Court declaring that the true authority in Delhi resides with the LG.
This decision represented a substantial setback for the Delhi government. The High Court stated that in matters of administration, the LG’s agreement is essential, and therefore, the cabinet must refer to the LG before making any decision.
Having faced disappointment from the High Court, the Kejriwal administration appealed to the Supreme Court.
The case underwent extensive proceedings and in 2018, the Supreme Court made a ruling, declaring that the elected government would serve as the administrative ‘head’ of Delhi.
The Supreme Court also clarified that apart from matters involving police, land, and law and order, the Delhi government would maintain all other rights.
After Supreme Court Ruling
Following a decision from the Supreme Court, the central government introduced the NCT bill to clarify the roles and powers of the Lieutenant Governor (LG) and the government.
- The bill, explicitly states that in Delhi, ‘LG’ refers to the ‘Government’. However, the bill faced stiff opposition from AAP and other opposition groups.
- Despite the contention, the Government of National Capital Territory of Delhi Bill-2021 was formally confirmed after both Houses passed it amidst significant tumult.
- Consequently, the Delhi government has pursued the matter further with the Supreme Court.
Supreme Court’s Ruling Favours Delhi Government After Prolonged Dispute
- The Supreme Court once again ruled in favor of the Delhi government concerning the services matter on May 11, 2023.
- The ruling limits the authority of the Lieutenant Governor (LG) to land, police, and law and order.
- In cases of emergencies or significant issues, the LG retains the right to make decisions or forward them to the President.
- In response to the Supreme Court’s approval, the government promptly commenced the transfer of officers.
- The Secretary of the Services Department was the first to be transferred. However, the center has yet to implement this transfer.
- In response to this, the matter was brought before the Supreme Court once again, which was viewed as contempt of court.
The Delhi Service Ordinance was introduced by the Central Government on May 19, in response to the existing situation.
This ordinance once again bestowed the authority to transfer and post officers to the Lieutenant Governor (LG).
This move has been contested by the AAP government, which has approached the Supreme Court. Concurrent to this, efforts are being directed towards the abolishment of the ordinance, with assistance from the opposition alliance in Parliament.
EARLIER
During the rule of Congress up until 2013, there was a peaceful coexistence between the Delhi government and the Central government. The Delhi government would put forth requests for preferred officials to fill certain roles, and these requests were typically honored by the Center.
However, with the advent of AAP in power within Delhi, the relationship became strained due to discord between these two entities. Consequently, the Center began independently appointing officials and frequently rotated them in short durations.
