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Polity & Governance
Mahesh

04/08/23 06:49 AM IST

National Capital Territory of Delhi (Amendment) Bill, 2023

In News
  • The Delhi services bill, officially known as The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, was passed in the Lok Sabha.
Provisions of the bill
  • The Delhi services bill will replace an existing ordinance that overrides a Supreme Court order giving the Delhi government control over most services.
  • The Delhi services bill proposes that actions like suspensions and inquiries of the national capital's officials would be under the control of the centre.
  • Under Article 239 (AA)(3)(B) the Parliament has full power to make laws with respect to the Union Territory of Delhi or any part of it and on any matter related to it.
  • The Bill establishes the National Capital Civil Services Authority, which consists of the Chief Minister, Chief Secretary of Delhi, 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.
  • Conferring powers over the transfer and posting of officers to the Authority may break the triple chain of accountability that links the civil services, ministers, the legislature and citizens. This may violate the principle of parliamentary democracy, which is a part of the basic structure doctrine.
  • The LG has been granted sole discretion in several matters including when the Legislative Assembly will convene. This implies that the Chief Minister may be unable to convene a session needed for essential government business.
  • Department secretaries will bring certain matters directly to the LG, Chief Minister and the Chief Secretary, without consulting the concerned minister. This may go against the collective responsibility of the Cabinet, as the concerned ministers cannot provide his inputs.
Source- PIB

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