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President gives assent to Government of National Capital Territory of Delhi (Amendment) Bill 2023

Team SoOLEGAL 14 Aug 2023 5:12pm

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President gives assent to Government of National Capital Territory of Delhi (Amendment) Bill 2023

New Delhi: Droupadi Murmu, Hon’ble President of India, signed the Government of National Capital Territory of Delhi (Amendment) Bill 2023 on Friday.

 

According to the announcement, the Delhi Services Bill, now known as the Government of National Capital Territory of Delhi (Amendment) Act, 2023, would be regarded to have been in effect from May 19, 2023, as per the notification.

 

The law was passed by the Rajya Sabha on August 7 to replace the Delhi Services Ordinance, which was previously proclaimed by the President of India on May 19.

 

131 Members of Parliament (MPs) voted in favour of the bill's approval, while 102 voted against it.

 

Previously, on August 3, the Lok Sabha passed the bill by voice vote. The bill seeks to establish the National Capital Civil Service Authority (Authority).

 

The ex-officio chairperson of this Authority will be the Delhi Chief Minister, while the Chief Secretary would be an ex-officio member. The Authority's ex-officio Member Secretary will be the Delhi government's Principal Home Secretary.

 

All issues before the Authority will be decided by member vote.

 

All recommendations of the authority shall be authenticated by the member secretary,” states sub-clause 4 of Section 45E.

 

The Central Government, in conjunction with the Authority, shall define the type and categories of officers and other staff who will support the Authority in carrying out its tasks.

 

Under Section 45C, the Central Government may enact regulations governing the tenure, salary, allowances, and other benefits of officers assigned to various services in Delhi, as well as their powers, responsibilities, duties, transfers, and punishment processes.

 

The Authority is responsible for recommending transfers and postings of all Group 'A' (IAS) officials and officers of the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli Civil Services (DANICS) functioning in the Delhi government, according to Section 45H(1).

 

The Authority can also refer to the Lieutenant Governor (LG) matters of vigilance or otherwise for disciplinary procedures against Delhi government employees. The LG may then issue appropriate orders.

 

Furthermore, the LG will make policy decisions based on the Authority's recommendations.

 

The ordinance that was superseded by this law, named the Government of National Capital Territory of Delhi (Amendment) Ordinance, was issued on May 19.

 

It revised the 1991 Government of National Capital Territory of Delhi Act to grant the Lieutenant Governor (LG) of Delhi overriding powers over the transfer, posting, and control of officials in Delhi.

 

According to the Ordinance, it is in the greater national interest for the people of the entire country to have some say in the governance of the national capital through the democratically elected Central government.

 

On May 11, the Supreme Court reinstated the Delhi government's control over the services.

 

The Supreme Court ruled that the Delhi government will manage all services in the national capital, including the Indian Administrative Service (IAS), with the exception of land, police, and law and order.

 

A Constitution Bench comprised of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha had held,

 

"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 comes 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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