On Friday, President Droupadi Murmu of India granted her assent to the Government of National Capital Territory of Delhi (Amendment) Act 2023.
The amendment, which has transformed the Delhi Services Bill into the Government of National Capital Territory of Delhi (Amendment) Act, 2023, has been retroactively effective since May 19, 2023, in accordance with the issued notification.
The bill had been approved by the Rajya Sabha on August 7 as a replacement for the previously promulgated Delhi Services Ordinance, which had been enacted by the President on May 19.
During the voting process, 131 Members of Parliament (MPs) voted in favor of the bill's passage, while 102 MPs voted against it.
Earlier, on August 3, the Lok Sabha had passed the bill through a voice vote.
Key provisions of the bill include the establishment of a National Capital Civil Service Authority (Authority).
This Authority will be chaired by the Delhi Chief Minister and will have the Chief Secretary as an ex-officio member. Additionally, the Principal Home Secretary of the Delhi government will serve as the ex-officio Member Secretary of the Authority.
Decisions within the Authority will be made through member voting.
According to sub-clause 4 of Section 45E, "All recommendations of the authority shall be authenticated by the member secretary."
The Central government, in consultation with the Authority, will determine the nature and categories of officers and other personnel necessary to assist in the Authority's functions.
Section 45C empowers the Central government to establish rules regarding the tenure, salaries, allowances, and more, for officers appointed to various Delhi services, as well as their powers, functions, duties, transfers, and penalty procedures.
Section 45H(1) assigns the Authority with the responsibility to recommend transfers and postings for Group ‘A’ (IAS) officers and officers of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli Civil Services (DANICS) serving within the Delhi government.
Furthermore, the Authority is authorized to suggest vigilance-related or disciplinary actions against public servants in the Delhi government, with the Lieutenant Governor (LG) making the final decisions.
Additionally, policy decisions will be made by the LG based on Authority recommendations.
The bill replaces the previously enacted Government of National Capital Territory of Delhi (Amendment) Ordinance, which was promulgated on May 19.
The Ordinance had amended the 1991 Government of National Capital Territory of Delhi Act, granting the Lieutenant Governor (LG) overriding powers in matters of officer transfer, posting, and control in Delhi.
This move followed the Supreme Court's May 11 decision, which reinstated control of services to the Delhi government. The court had ruled that the Delhi government would have jurisdiction over all services in the national capital, including the Indian Administrative Service (IAS), except those related to land, police, and law and order.
In a unanimous verdict, a Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha had decreed:
"The legislative power of NCT Delhi under Entry 41 would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi. However, it would not extend to the services which come under land, law and order, and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police, and law and order."
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TAGS: President India Droupadi Murmu assent Government of National Capital Territory of Delhi (Amendment) Act 2023 Delhi Services Bill Government of National Capital Territory of Delhi (Amendment) Act 2023 notification Rajya Sabha bill August 7 Delhi Services Ordinance promulgated May 19 Members of Parliament MPs voting approval Lok Sabha voice vote National Capital Civil Service Authority Authority Delhi Chief Minister ex-officio chairperson Chief Secretary ex-officio member Principal Home Secretary Member Secretary voting recommendations Central government consultation officers employees functions Section 45C rules tenure salaries allowances powers functions duties transfers penalty procedures Section 45H(1) transfers postings Group ‘A’ (IAS) officers Delhi Andaman and Nicobar Lakshadweep Daman and Diu Dadra and Nagar Haveli Civil Services (DANICS) Lieutenant Governor LG vigilance disciplinary proceedings public servants policy decisions Supreme Court May 11 services control Indian Administrative Service IAS land police law and order Constitution Bench Chief Justice of India CJI DY Chandrachud Justices MR Shah Krishna Murari Hima Kohli PS Narasimha legislative power NCT Delhi Entry 41 jurisdiction keywords.
