On August 7, Rajya Sabha passed the Delhi Services Bill replacing the ordinance on transfers and postings of senior officers in the Delhi government. The bill will now move for the President’s accent before it becomes law.
The Delhi Services Bill, also called as the Government of National Capital Territory of Delhi (Amendment) Bill 2023, was tabled in both houses of Parliament and is set to replace a current ordinance that overrides a directive of the Supreme Court and gives command to the government of Delhi over most services. The ordinance has been the reason for a tiff between the ruling Kejriwal government and the centre.
The bill stands passed in Rajya Sabha
The Rajya Sabha passed the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023, after House members voted in support with 131 in favour and 102 against. The primary aim of the Delhi Services Bill, according to Home Minister Amit Shah, is to ensure a “corruption-free governance”. Shah made the statement while replying in the Rajya Sabha to the debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 on August 7.
He also assured the members that there is not even a single provision that changes the status of the system prevailing since the Congress regime. Shah defended the ordinance alleging the AAP-led Delhi government transferred officers of the vigilance department as liquor scam files were with it.
“So much haste was shown concerning the vigilance department by Delhi government because it had files related to ‘excise policy scam’ and ‘sheesh-mahal’,” he said.
“Earlier, there were no fights over transfer postings in Delhi, no CMs had any problems…In 2015, a govt came up after an ‘Andolan’…Some people said that the Centre wants to take power into its hands. The Centre doesn’t need to do so as the people of India have given us the power and the right,” Shah said.
The highlights of the bill
- The Bill establishes the National Capital Civil Services Authority, which consists of the Chief Minister, Chief Secretary of Delhi, and Principal Home Secretary of Delhi. The Authority will make recommendations to the Lieutenant Governor (LG) regarding transfers and postings of officials and disciplinary matters.
- The Bill empowers the LG to exercise his sole discretion on several matters including those recommended by the National Capital Civil Services Authority, and the summoning, prorogation and dissolution of the Delhi Legislative Assembly.
- It authorises department secretaries to bring to the notice of the LG, the Chief Minister and the Chief Secretary any matter that may bring Delhi Government into controversy with the Central Government.
What has happened in the past?
As far as the ordinance is concerned, the Supreme Court of India on May 11, took the decision in favour of the government of Delhi, giving it complete command over most services in the capital, leaving out public order, land, and police cases.
However, on May 19, the centre tabled an ordinance that gave authority to the Delhi government to make recommendations to the Delhi Lieutenant Governor on matters of transfer of postings, vigilance, and other incidental issues.
“In view of its special status as a national capital, a scheme of administration has to be formulated by law to balance both local and national democratic interests that are at stake and reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of the National Capital Territory of Delhi (GNCTD),” the government order read.
“A permanent authority headed by the Delhi chief minister is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance, and other incidental matters,” it further said.
Loksabha passed the bill
On August 3, the Lok Sabha passed a bill that will translate an ordinance into law and give powers to the Center-appointed bureaucrats to overrule the elected chief minister and senior officers in the Delhi government. The opposition parties held a walkout.
A nearly four-hour-long debate was held in the Lok Sabha after the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023, was passed.
Home Minister Amit Shah, while responding to the debate on the bill, clearly stated that the power lies with the central government to make laws on Union territories, and since Delhi is a Union territory, the Centre has full rights to make rules for it as well.
Reacting to the Opposition’s allegations that the Bill is aimed at removing Delhi Assembly’s powers, Union Home Minister Amit Shah said, “All objections raised are political, which do not have any Constitutional basis.”
The new bill
The Delhi Services Bill states that the inquiries and suspensions of the officials of the national capital will be under the Centre’s control.
The Lieutenant Governor will be empowered to exercise his sole discretion on various matters, which will include the National Capital Civil Services Authority’s recommendations and the prorogation, summoning, and dissolution of the Delhi Legislative Assembly.
The National Capital Civil Services Authority will include the Chief Secretary of Delhi, the Principal Home Secretary of Delhi and the Delhi Chief Minister.
The bill will replace the existing ordinance that overrides an order of the Supreme Court and gives the most control over most services to the Delhi government. With the new bill in place, the centre will have more saying the Union Terroritory’s matter.
Why is the opposition against it?
Reacting to the debate over Delhi Services Bill, Congress MP Shashi Tharoor alleged that “blatant subversion of the constitutional separation of powers” is happening through the bill. He added that the country is now seeing “coercive federalism”.
Speaking in the Lok Sabha, Tharoor argued that the proposed bill is a representation of a “grave chapter in the history of the Indian republic, seeking to ratify an ordinance that in many ways is an assault on our democratic heritage and the spirit of federalism”.
Congress leader Adhir Ranjan Chowdhury said that the bill is trying to snatch an elected government’s power which is unconstitutional.
“Snatching the powers of the elected government of Delhi is unconstitutional. It is against the Constitution to snatch the powers of an elected government, whichever party is in power,” said Chowdhury, while speaking to media outside Parliament.
Delhi CM Kejriwal, sharply reacting to the debate, tweeted, “BJP always promised to give full statehood to Delhi. In 2014, Modi himself said that on becoming prime minister, he would give full statehood to Delhi. But today these people stabbed the people of Delhi in the back. Don’t believe anything said by Modi ji from now on.”
Bill does not violate SC’s judgment
Home Minister Amit Shah said on August 7 that the bill on Delhi services to replace the ordinance does not violate the judgment of the Supreme Court and rejected allegations that the bill is unconstitutional.
Replying to the debate in the Rajya Sabha on the National Capital Territory of Delhi (Amendment) Bill, 2023, Amit Shah took a dig at the Congress over the emergency imposed in 1975 and said it has no right to speak on democracy.
“The bill doesn’t violate the Supreme Court order…The aim is to make sure corruption-free administration in Delhi,” Amit Shah said.
Attacking Aam Aadmi Party, Amit Shah said that there were BJP and Congress governments in Delhi earlier and there was no dispute over sharing of power.
“Earlier, there were no fights over transfer postings in Delhi, no CMs had any problems….In 2015, a govt came up after an ‘andolan’….Some people said that the Centre wants to take power into its hands. The Centre doesn’t need to do so as the people of India have given us the power and the right….,” he said.
Referring to I.N.D.I.A alliance, the Home Minister targeted Congress over joining hands with AAP and said the Congress was opposing the bill which was in consonance with the law it had enacted.
“If you have conscience,. You will support the bill but you want to save the alliance,” Amit Shah said.
“…We are making amendments to Constitution not to bring Emergency…Congress has no right to speak on democracy,” he added.
The Home Minister said AAP was born to oppose the Congress and it will continue to do so. He also targeted parties in I.N.D.I.A alliance over their competing electoral interests and said Narendra Modi will return as Prime Minister in 2024 Lok Sabha polls.
The Bill seeks to replace the ordinance brought by the Centre in May this year, days after the Supreme Court judgment on the control of services in Delhi.
