The Delhi services bill, officially known as the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, is finally introduced in Parliament on Tuesday. Nityanand Rai, Minister of State (MoS) for Home Affairs, tabled the bill in the Lok Sabha.
Lok Sabha was adjourned for the day after the centre passed three bills and introduced the contentious Delhi services bill amid opposition protest over the Manipur violence.
The Union Cabinet on Tuesday, July 25, cleared the bill to replace the Delhi Services Ordinance promulgated in May on the control of services in the national capital. The ordinance has been a major point of contention between the Arvind Kejriwal-led Delhi government and the Centre. The ordinance aimed at creating a new authoritative body which will have a final word over the transfer and posting of Group-A officers in Delhi.
The bill to replace the ordinance was approved during a Cabinet meeting presided over by Prime Minister Narendra Modi. The bill is expected to be tabled in Parliament during the ongoing Monsoon session.
A bill becomes an Act after it is passed in the Parliament and the approval of the President. An ordinance on the other hand is a temporary law that is valid only for six months.
Prior to the May 11 order of the Supreme Court, all matters pertaining to the transfer and posting of the Delhi government officers were subject to the Lieutenant Governor's executive control.
Opposing the ordinance, promulgated by the President on the recommendation of the Union Cabinet on May 19, the Delhi government moved the Supreme Court for an “immediate stay”. Now the matter will come up for hearing before a five-judge constitution bench of the Supreme Court.
A three-judge bench of the apex court headed by Chief Justice of India DY Chandrachud on Thursday, July 20, referred the petition to a constitution bench.
Notably, various opposition parties, including the Congress, DMK, JD(S), BRS and the Trinamool Congress, have expressed support for AAP on the Delhi ordinance issue.
What is the Delhi Ordinance?
An ordinance is a temporary law issued by the President based on the Union Cabinet's recommendation when Parliament is not in session. A law should be passed to replace the ordinance within six weeks after the next session of Parliament starts.
The Delhi Service Ordinance was issued by the central government on May 19, soon after the Supreme Court granted the elected government power over service matters in Delhi.
The Bill proposes the formation of a National Capital Civil Services Authority (NCCSA), a three-member body to be led by the Chief Minister of Delhi. This authority would be in charge of deciding on the transfer and posting of Group-A officers, including civil servants. The NCCSA would also comprise the chief secretary of Delhi and the senior secretary of the home department, with decisions determined by majority vote.
Why is AAP Opposing the Delhi Ordinance?
The formation of a ‘permanent’ National Capital Civil Services Authority (NCCSA), with the Chief Minister as head, is the crux of the AAP's objection. The chief secretary would be one of the members and the principal home secretary would be the member secretary.
The NCCSA's decisions concerning civil service officials deputed to the Delhi government, including transfers, postings, prosecution sanctions, disciplinary processes, and vigilance matters, would be determined by a majority vote. Finally, the NCCSA's recommendations would be forwarded to the Lieutenant Governor (LG) for approval or rejection, thereby putting the LG in a position of having the final word on these matters.
The authority's decisions will be affected by a majority, which indicates that they will be influenced by the Centre. If the NCCSA makes a decision with which the Centre disagrees, the LG will have the authority to overrule it.
(Edited by : Sudarsanan Mani)
First Published: Jul 27, 2023 1:36 PM IST
Check out our in-depth Market Coverage, Business News & get real-time Stock Market Updates on CNBC-TV18. Also, Watch our channels CNBC-TV18, CNBC Awaaz and CNBC Bajar Live on-the-go!
Gonda Lok Sabha election: BJP's Kirti Vardhan Singh takes on Beni Prasad Verma's granddaughter Shreya
May 19, 2024 10:19 PM
Faizabad Lok Sabha election: Can Ayodhya Ram Temple strengthen BJP's stronghold here?
May 19, 2024 10:16 PM
Amethi Lok Sabha election: Can BJP's Smriti Irani retain the Congress bastion she won in 2019?
May 19, 2024 10:12 PM
Rae Bareli Lok Sabha Election: Can Rahul hold on to this Gandhi family bastion?
May 19, 2024 10:09 PM