The Delhi Services Bill was passed in Rajya Sabha with 131 MPs voting in its favour. Besides the BJP and its NDA constituents, the BJD and the YSRCP, with nine MPs each, supported its passage.
The Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill in common parlance, was passed by the Rajya Sabha on Monday paving way for the Centre’s proposed legislation on the postings and transfers of bureaucrats in the national capital, despite a bitter debate in the Parliament and Opposition's attempt to stop it.
The bill was already approved by Lok Sabha on August 3. Once enacted, with the ascent of President Droupadi Murmu, the bill will have a significant impact on the Aam Aadmi Party government’s administration and control over Delhi’s civil servants.
The bill was passed in the Upper House with 131 MPs voting in its favour. Besides the BJP and its NDA constituents, the BJD and the YSRCP, with nine MPs each, supported its passage. Meanwhile, the Opposition, which brought a wheelchair-bound former prime minister Manmohan Singh and an ailing Shibu Soren to the House to shore up its numbers, could manage only 102 votes.
The Delhi Services Bill aims to grant the centrally appointed Lieutenant Governor (L-G) of Delhi, VK Saxena, greater control of the appointments, postings and transfers of Group A and Delhi, Andaman & Nicobar Islands Civil Services (DANICS) cadre officers in the national capital.
In May, the Centre promulgated an ordinance to create the National Capital Civil Service Authority (NCCSA) for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre, which effectively undid a Supreme Court order earlier that month that gave control of the Delhi’s bureaucracy to the elected government in all matters except policing, public order, and land. The bill, passed in both Houses, replaces the ordinance.
The AAP, which has for years sought greater power in Delhi's unique governance model, has vehemently opposed the ordinance accusing the Centre of repeatedly interfering in the government's working through the Lieutenant Governor. The ordinance was challenged in the Supreme Court and the matter is currently pending before a Constitution bench.
The bill has been the focal point of the tug-of-war between the Centre and the Delhi government for several months.
During a six-hour emotionally charged debate in Rajya Sabha, Home Minister Amit Shah said the bill has been brought to safeguard the rights of the people and not to usurp the power of the Delhi government. However, opposition parties argued that it encroaches upon the powers of the elected government, thereby undermining the principles of federalism.
Notably, the Centre also tweaked the Delhi Services Bill just before tabling it in the Parliament. Here are the changes in the bill:
The Delhi Services Bill removes the restriction made in Section 3A of the ordinance that allowed the Delhi government to enact any law on the appointment and transfer of its officers. It also removes the requirement that asked the Delhi Government to submit annual reports to the Centre.
Further, the provision that required orders and directions from ministers to be referred to the central government before being presented to the LG and the chief minister of Delhi has also been removed.
A new sub-section (b) was added to Section 45D of the bill, which allows the Delhi government to suggest a panel of qualified individuals to be appointed by the L-G to any authority, board, commission, or statutory body, in accordance with the provisions of section 45H. Previously, the President, or Centre, had control over these powers according to the ordinance.
The Chief Minister of Delhi, Arvind Kejriwal, will be heading the NCCSA now, and have the chief secretary and the principal home secretary as members. The authority will make recommendations to the L-G on the transfers and postings of all Group ‘A’ officers and DANICS serving the NCT government, barring officers handling matters related to public order land and police. The final say on these matters, however, will be with L-G VK Saxena.
Soon after the passage of the bill, Delhi chief minister Arvind Kejriwal said it was a "black day" for India's democracy and accused the BJP-ruled Centre of trying to "usurp" power through the backdoor. He also said it was an "insult" to the right to vote of the people of Delhi.