The Government of National Capital Territory of Delhi (Amendment) Act, 2023 also commonly known as Delhi Services Act,[1] is a bill that extends the Central Government's control of services and gives powers to the Lieutenant Governor of Delhi over the capital city's elected Government.[2][3]
| Delhi Services Act | |
|---|---|
| Parliament of India | |
| |
| Territorial extent |
|
| Passed by | Lok Sabha |
| Passed | 3 August 2023 |
| Enacted by | Rajya Sabha |
| Enacted | 7 August 2023 |
| Assented to by | President Droupadi Murmu |
| Assented to | 11 August 2023 |
| Commenced | 19 May 2023 (Retrospectively) |
| Legislative history | |
| First chamber: Lok Sabha | |
| Introduced by | Union Home Minister, Amit Shah |
| Introduced | 1 August 2023 |
| Passed | 3 August 2023 |
| Voting summary |
|
| Second chamber: Rajya Sabha | |
| Passed | 7 August 2023 |
| Voting summary |
|
| Supreme court of India cases | |
| Government of NCT of Delhi VS Union of India | |
| Summary | |
| Establishes the National Capital Civil Services Authority, and thereby giving lieutenant governor the final say in all matters related to transfer and posting of civil servants in Delhi. | |
| Keywords | |
| National Capital Civil Services Authority (NCCSA), Delhi Ordinance, NCTD Act, Delhi Services Act | |
| Status: In force | |
Sequence of Events
edit- 11 May 2023 A 5 judge Constitutional Bench of the Supreme Court ruled on the issue of who controls the bureaucracy in the national capital. The bench, headed by Chief Justice of India DY Chandrachud, held that the legislature (Elected Government) has control over bureaucrats in administration of services and control over officers' transfer and posting except in matters of public order, police and land.[4]
- 19 May 2023 The Central Government responded by bringing an Ordinance on the issue which overturned the Supreme Court decision. The Government claimed that Delhi Government led by Arvind Kejriwal was hiding files and harassing officers related to vigilance matters.[5]
- 3 August 2023 The Lok Sabha passed the bill by voice vote as BJP had a clear majority.[6]
- 8 August 2023 The Rajya Sabha passed the bill by division voting, with 131 Ayes and 102 Noes.[7]
- 11 August 2023 The Act became law (with retrospective application), when President Droupadi Murmu gave assent to the bill.[1]
National Capital Civil Services Authority
editIt is an administrative authority that will manage the Civil Services in Delhi. The authority will have 3 members- Chief Minister of Delhi, the Chief Secretary and the Principal Home Secretary. The meetings of this authority will be chaired by Chief Minister of Delhi. The decisions are taken by vote.
NCCSA gives the union government more power to take decisions regarding the tenure, salaries, allowances, powers, and duties of officers.
Role of CM in NCCSA
editCM will chair the meetings of NCCSA and decide the meeting's day and date. He will be presiding over discussions in NCCSA.
Role of LG in NCCSA
editLG will have final decision making authority. He can return files to NCCSA for reconsideration or can also take independent decisions for transfer and posting.
References
edit- ^ a b "Delhi Services Act becomes law after President Murmu's approval". India Today. Retrieved 2023-09-22.
- ^ "Centre's Delhi ordinance bill on control of services in capital passed in Lok Sabha by voice vote". Hindustan Times. 2023-08-03. Retrieved 2023-08-03.
- ^ "How the Delhi Services Bill Empowers the LG, Makes Delhi Government 'Powerless'". The Wire. Retrieved 2023-08-03.
- ^ "Supreme Court rules in favour of Delhi Govt in tussle with Centre: Here's what the case was about". The Indian Express. 2023-05-11. Retrieved 2023-08-03.
- ^ "Delhi ordinance vs bill: Centre makes key changes. Details here". India Today. Retrieved 2023-08-03.
- ^ "Delhi services bill gets Lok Sabha nod: What does it entail, and why is opposition up in arms against it". The Economic Times. 2023-08-03. ISSN 0013-0389. Retrieved 2023-08-03.
- ^ "Parliament Monsoon Session LIVE Updates: Delhi services bill passed in Rajya Sabha". India Today. Retrieved 2023-08-07.