President gives assent to Government of NCT of Delhi (Amendment) Bill, 2023
On Friday, the President has given assent to contentious Government of NCT of Delhi (Amendment) Bill, 2023 ★It dilutes the powers of the Delhi Government over services. It will come into force retrospectively from 19th May, the day when Ordinance was promulgated.
Background
- The Bill was passed in Rajya Sabha on August 07, with 131 votes in its favour and 102 votes against it.
- It was already approved by Lok Sabha on August 03.
- The Act has significant changes from the Ordinance promulgated by the Centre on May 19 after the Supreme Court ruling.
- Section 3A is absent in the Act, while other administrative changes are retained.
National Capital Civil Service Authority
The Act will establish a permanent authority named “National Capital Civil Service Authority” to take decisions with respect to the postings and control of civil servants.
The Authority will be headed by the Chief Minister of Delhi and will consist of the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi.
The Authority can make recommendations to the Lieutenant Governor regarding transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi.
LG’s decision to be final
The Act confers the final authority to the LG. In case of any difference of opinion, the LG’s decision will prevail.
Section 45D of the Ordinance modified in the Act
Another key change in the Bill is the modification of Section 45D of the Ordinance, which gave power to the Centre regarding the appointments to statutory commissions and tribunals in Delhi.
In relation to bodies created under Parliament Law, members shall be constituted or appointed or nominated by the President.
In relation to bodies created under the Delhi Assembly Laws, the National Capital Civil Service Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor.
The Delhi Government had approached the Supreme Court challenging the Ordinance. On July 20, the Supreme Court referred the matter to a Constitution Bench for adjudication.
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