AAP-led Delhi's administration and the Centre are progressively at odds over the national capital services ordinance. The Delhi services bill, formally called the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, is likely to be presented to Parliament tomorrow. It will take the place of current legislation that disobeys a Supreme Court ruling that grants Delhi administration authority over the majority of services.
What happened so far?
On May 11, the Supreme Court decided in support of the Delhi administration, granting it power over all services provided in the nation's capital with the exception of those dealing with public order, land, and the police. The elected administration in Delhi had been given the jurisdiction to oversee the transfer and employment of bureaucrats, but on May 19 the Centre presented an action to overturn that ruling.
The BJP-led Centre is allegedly aiming to undermine the rule of law and seize control of officials in the region, according to the AAP administration in Delhi. The Opposition coalition INDIA, of which AAP is a member, is likely to stage significant demonstrations in response to the bill's presentation in Parliament.
What changes have been made by the Centre?
Significant revisions have been made to the measure, which now lacks the three sections that were originally included in the ordinance, reported by Hindustan Times. The main changes are as follows:
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1. Abolition of Section 3A: The ordinance's Section 3A is eliminated in the bill. The current focus of the proposal is Article 239AA, which favours Centre to form National Capital Civil Service Authority (NCCSA).
Section 3A of the ordinance stated, "Notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto.:
Entry 41 of List II of the Seventh Schedule of the Indian Constitution involves 'State public services and State Public Service Commission'.
2. Annual report: Previously, the Delhi Assembly and Parliament both required the NCCSA to produce a yearly report on its work. This requirement is removed by the law, hence the report is no longer required to be delivered to these legislative bodies.
3. Changes in appointment process: The bill weakens Section 45D's provision for the appointment of chairs and members of different agencies, boards, commissions, and regulatory organisations in Delhi. It eliminates the necessity that suggestions or concerns be addressed to the central government before the Lieutenant Governor and the Chief Minister.
What is included?
According to a recently added provision in the law, the Lieutenant Governor would nominate members to boards and commissions established by the Delhi government based on a list of candidates suggested by the National Capital Civil Service Authority, which also includes the Delhi Chief Minister. The bill passed by the Delhi Assembly establishes the boards or commissions.
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