Delhi Govt Vs LG: All About Centre’s New Ordinance, National Capital Civil Service Authority | 7 Questions

Amid a tussle between the Aam Aadmi Party (AAP) government and the Lt Governor, the Center has brought in an ordinance to set up a permanent authority headed by the Chief Minister of Delhi with Chief Secretary and Principal Secretary (Home), Delhi. To Delhi LG in respect of matters relating to transfer posting, vigilance and other relevant matters.

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The move comes after the Supreme Court last week gave executive powers to the Delhi government in service matters, including transfer and posting of officers.

Here’s what you need to know about the change:

1. What is the ordinance promulgated by the President of India on 19th May 2023, which amends the Government of National Capital Territory of Delhi Act, 1991 called?
   The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
2. How is the National Capital Territory of Delhi different from other states?
   Many important national and international institutions and authorities such as the President, Parliament, Supreme Court, etc. and various constitutional functionaries, etc., as well as all foreign diplomatic missions, international agencies, etc. are located in Delhi.
   It is also a place where high dignitaries from other countries make frequent official visits (eg global leaders will visit the capital in the wake of India’s G20 presidency this year) and it is in the national interest that the highest possible Standards must be met. be maintained in the administration and governance of the national capital.
   Any decision taken or any event in the national capital affects not only the residents of the national capital but also the rest of the country and also has the potential to put at stake the national prestige, image, credibility and reputation. in the international global spectrum.
   The National Capital belongs to the whole country and the whole country is very much interested in the governance of the National Capital. It is in the larger national interest that the people of the entire country have some role in the administration of the national capital through a democratically elected central government.
   Although Delhi has general status as recognized by the Supreme Court in its judgment, it is a Union Territory with a Legislative Assembly, which has limited power.
3. Why was the ordinance promulgated recently?
   In the absence of any parliamentary law relating to the services contained in entry 41 of List II of the Seventh Schedule in the National Capital Territory of Delhi under article 239AA[3][b] or under section 239AA[7] In the Constitution of India, the Supreme Court was required to consider a reference relating to the subject matter of services in the NCTD.
   The Supreme Court passed a judgment on 11.05.2023 on the subject of services, and whether the Central Government or the Government of National Capital Territory of Delhi (GNCTD) would control the services of civil servants.
   By the above decision, the services were brought under the direct control of GNCTD, there was no say for the Central Government in this matter. However, given that the national capital is different from other states, it is necessary to ensure that a balance is achieved between democratic interests, both local and national. The fine balance will reflect the aspirations of the people through the joint and collective responsibility of both the Government of India and the GNCTD. The ordinance tries to achieve that balance.
4. Which authority has been set up by the Ordinance?
   The Ordinance has created a National Capital Civil Services Authority, headed by the democratically elected Chief Minister of Delhi, with the Chief Secretary, GNCTD representing the will of the GNCTD officers, the head of administration, who will be a member and the Principal Secretary Home. GNCTD who will be the Member Secretary is being introduced. The said authority shall make recommendations to the Lieutenant Governor regarding matters relating to transfer postings, vigilance and other relevant matters.
5. What will be the benefits of National Capital Civil Service Authority?
   The National Capital Civil Services Authority will balance the interest of the nation with the interest of the Union Territory of Delhi in the administration of the capital as it recognizes the democratic will of the people in both the Central Government as well as the GNCTD.
   The Ordinance will give effect to the intent and object behind the provisions of the Constitution and to maintain the active, meaningful and effective involvement of the President of India (the Central Government) in the governance of the country in its capital, in the national interest. Question of posting, transfer and other allied matters relating to officers/employees engaged in the functioning of GNCTD.
6. What are the main features of this ordinance?
   The Legislative Assembly of Delhi shall have power to make laws in accordance with Article 239AA, except with respect to any matter referred to in Entry 41 of List II-State List of the Seventh Schedule to the Constitution, or any matter connected therewith or incidental thereto.
   The Ordinance proposes Part IV-A which will inter alia include the following provisions:
   Union Public Service Commission The National Capital Territory of Delhi will act as the Public Service Commission for Delhi in respect of Group A and Group B Gazetted posts under the Government of Delhi.
   Delhi Subordinate Services Selection Board Will act as a Recruitment Board in respect of Group B Non-Gazetted and Group C Non-Gazetted Services.
   Central government will make rules Or amend the existing rules for prescribing the conditions of service of officers and employees.
   shall constitute, appoint and nominate the President Any authority, board, commission or any statutory body and any officer or member thereof.
   constitution of National Capital Civil Service Authority with fixed roles.
   lieutenant governor in the discharge of its functions under Part IV-A of this Act, which is being incorporated by the Ordinance, shall self conscience on any matter.
7. Is the ordinance in line with the intent of the judgment of the Hon’ble Supreme Court?
   The members of the National Capital Civil Services Authority are the Chief Minister of Delhi and two officers of the Government of Delhi. Thus, all the members represent GNCTD.
   This National Capital Civil Services Authority constituted under the chairmanship of the Chief Minister of the Government of Delhi will have the right to make recommendations in all other service related matters of the officers/employees working in the Government of Delhi.
   Due to the above arrangement, the head of the elected Delhi government will have the right to know all the correspondence and related facts related to the service of the officers and employees working under the Delhi government.
   For the first time, this Ordinance has provided a legal basis for the duties and responsibilities of ministers and secretaries serving in the Government of Delhi. It will also provide greater clarity on their roles and responsibilities and enable smooth governance and administration without any conflicts.
   For the first time, the elected government of Delhi has been given the right to be involved in decision-making relating to service matters, in line with the intent contained in the judgment of the Hon’ble Supreme Court.
   Also, keeping in mind the unique situation of Delhi and the spirit of the Constitution, a balance has been struck between the powers of the democratically elected Delhi Government and the Lieutenant Governor, who is the representative of the democratically elected Central Government. With this, the governance of the Delhi government can be run in a transparent manner keeping in mind the public interest.