The Government of National Capital Territory of Delhi (Amendment) Bill has dropped the restriction made in Section 3A of the ordinance for the Delhi government to enact any law on the 'services'.
Section 3A of the ordinance has been dropped in the Government of National Capital Territory of Delhi (Amendment) Bill before listing it for introduction in Lok Sabha on Tuesday. The said section restricted the state assembly from enacting any law on the 'services'.
The bill includes key aspects of the ordinance created by the Centre, which gives them more authority than the city government in terms of appointing officers. However, there is a noteworthy role outlined for the assembly, which seems to address the Supreme Court's inquiry into whether the state government can be completely excluded from the matter of 'services'.
1. The Government of National Capital Territory of Delhi (Amendment) Bill has dropped the restriction made in Section 3A of the ordinance for the Delhi government to enact any law on the services.
2. The Government of National Capital Territory of Delhi (Amendment) Bill also dropped the requirement that asked the Delhi Government to submit annual reports to the Centre.
3. The provision that requires 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.
4. A new sub-section (b) has been added to Section 45D of the bill, which allows the NCT government to suggest a panel of qualified individuals to be appointed by the LG to any authority, board, commission, or statutory body. Previously, the President, or the Centre, had control over these powers according to the ordinance (under Section 45D).
5. The concession has a condition that the state government can only make recommendations for bodies that are established and controlled by the state assembly. Also, the Delhi government will only be able to make recommendations in the matter, as the bill grants the LG the authority to reject suggestions or request changes. This could potentially prevent the conflict that resulted in the Supreme Court's ruling and the ordinance from subsiding.
According to the reports, the bill aims to clarify the process for appointing members to statutory bodies, resolving the recent dispute regarding the DERC chairman. If Parliament passes the bill, the LG will be granted authority to make appointments to all statutory boards and commissions in Delhi.
The Lieutenant Governor holds the ultimate authority over Delhi government officers. The bill proposes the creation of a National Capital Civil Service Authority, with the Chief Minister of the NCT government serving as chairperson, and the Chief Secretary and Principal Home as members, as outlined in the ordinance.
The ordinance and the bill introduced were meant to override the Supreme Court's May verdict, which had granted control over services and the appointment of bureaucrats to the Delhi government.
The Centre and the state have returned to the apex court. The Centre is seeking a review of the judgment, while the Delhi government is challenging the ordinance. The court has referred the matter to a five-judge constitution bench, which has not yet started its proceedings.