The Government of NCT of Delhi (Amendment) Bill, 2023, was introduced in the Lok Sabha by Union Home Minister Amit Shah. This Bill aims to reduce the powers of the Delhi Government over services. Notably, it differs significantly from the Ordinance issued by the Centre on May 19, which came after the Supreme Court ruling granting Delhi Government some powers over civil servants, except in specific areas.
The key provision of the Ordinance, Section 3A, which denied Delhi Legislative Assembly's powers over Entry 41 of List II of the Constitution related to services, is absent in the Bill. However, the Bill retains other provisions that propose significant administrative changes in the governance of the national capital.
The Bill proposes the establishment of a "National Capital Civil Service Authority" headed by the Chief Minister of Delhi, which will handle the postings and control of civil servants, except those handling public order, land, and police matters. The Bill also confers the final authority to the Lieutenant Governor in case of any difference of opinion.
Additionally, the Bill modifies Section 45D of the Ordinance, granting power to the Centre over appointments to statutory commissions and tribunals in Delhi.
The Home Minister stated that the Bill doesn't contradict the Supreme Court's judgment, as Parliament has the authority to make laws related to services in Delhi. The Centre believes that a parliamentary legislation is necessary to strike a balance between local and national interests in the unique status of the National Capital Territory of Delhi.
Previously, the Delhi Government challenged the Ordinance in the Supreme Court, which referred the matter to a Constitution Bench for adjudication. Section 45D of the Ordinance was also contested by the Delhi Government regarding appointments made by the President to certain posts.