Delhi Govt Vs LG: All About Centre’s New Ordinance, National Capital Civil Service Authority

Amid the row between the Aam Aadmi Party (AAP) government and the Lieutenant Governor, the Centre has brought an ordinance to set up a permanent authority headed by Delhi CM along with Chief Secretary, Delhi & Principal Secretary (Home), Delhi to make recommendations to the Delhi LG regarding matters concerning transfer posting, vigilance and other incidental matters.

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This came after the Supreme Court last week gave the Delhi government executive power in services matters, including transfer and posting of officers.

Here’s all you need to know about the change:

1. What is the Ordinance promulgated by the President of India on 19th May 2023, that has amended the Government of National Capital Territory of Delhi Act, 1991 called?
   The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
2. How is the National Capital Territory of Delhi different from other States?
   Several important National and international institutions and authorities such as the President, Parliament, the Supreme Court, etc. and various constitutional functionaries, etc., as well as all foreign diplomatic missions, international agencies, etc., are located in Delhi.
   It is also a place to which high dignitaries from other nations pay official visits frequently (for example global leaders would be visiting the capital this year in view of India’s G-20 presidency) and it is in the national interest that the highest possible standards should be maintained in the administration and governance of the national capital.
   Any decision taken or any event in the capital of the nation not only affects the residents of the national capital, but also the rest of the country and at the same time has the potential of putting the national reputation, image, credibility and prestige at stake in the international global spectrum.
   The national capital belongs to the entire nation and the entire nation is vitally interested in the governance of the national capital. It is in the larger national interest that the people of the entire country have some role in the administration of the national capital through the democratically elected Central Government.
   Although, Delhi has sui generis status as recognized by the Supreme Court in its judgment, it remains a Union Territory with legislative assembly, which has limited power.
3. Why was the recent Ordinance promulgated?
   In the absence of any Parliamentary legislation dealing with the subject of services as contained in Entry 41 of List II of the Seventh Schedule in the National Capital Territory of Delhi either under Article 239AA[3][b] or under Article 239AA[7] of the Constitution of India, the Supreme Court was required to consider a reference concerning the subject of services in NCTD.
   The Supreme Court passed a judgment on 11.05.2023 on the subject of services, and whether the Union Government or Government of National Capital Territory of Delhi (GNCTD) would exercise control on the services of civil servants.
   By the above judgment, services were brought under the direct control of the GNCTD, with no say for the Union Government in the matter. However, given that the National Capital is different from other States, it is essential to ensure that a balance is achieved between both local and national democratic interests at stake. The fine balance would reflect the aspirations of the people through the joint and collective responsibility of both the Government of India and the GNCTD. The Ordinance tries to achieve that balance.
4. What Authority has the Ordinance established?
   The Ordinance has created a National Capital Civil Service Authority headed by the democratically elected Chief Minister of Delhi along with the Chief Secretary, GNCTD the head of the administration representing the will of the officers of GNCTD who will be a member and the Principal Secretary Home, GNCTD who shall be the member secretary is being introduced. The said Authority would make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters.
5. What will be the benefits of the National Capital Civil Service Authority?
   The National Capital Civil Service Authority would balance the interest of the nation with the interest of the Union Territory of Delhi in the administration of the capital as it recognises the democratic will of people reposed both in the Central Government as well as the GNCTD.
   The Ordinance will give effect to the very intent and purpose behind the provisions of the Constitution and retain the active, meaningful and effective participation of the President of India (Union Government) in the national interest, in the matter of governance of its capital in the question of posting, transfer and other allied matters relating to the officers/employees employed in the functioning of the GNCTD.
6. What are the salient features of this ordinance?
   Except for any subject referred to in Entry 41 of List II-State List of Seventh Schedule of the Constitution or any matter connected therewith or incidental thereto,t he Legislative Assembly of Delhi shall have the power to make laws as per Article 239AA.
   Ordinance proposes Part IV-A which shall contain, among others, the following provisions:
   The Union Public Service Commission will act as the Public Service Commission for Delhi in respect of Group A and Group B gazette posts under the Government of Delhi National Capital Territory of Delhi.
   The Delhi Subordinate Services Selection Board will act as a recruitment board in respect of Group B non-gazetted and Group C non-gazetted services.
   The central government will make rules or amend existing rules to determine the service conditions of officers and employees.
   The President will constitute, appoint and nominate any authority, board, commission or any statutory body and any officials or members of the same.
   The Constitution of National Capital Civil Services Authority with definite roles.
   The Lieutenant Governor shall, in the discharge of his functions under Part IV-A of this Act, which is being included by the Ordinance, act in his sole discretion on any matter.
7. Is the ordinance consistent with the intent of the Hon’ble Supreme Court’s judgement?
   The members of National Capital Civil Service Authority are the Chief Minister of Delhi and two officers of Delhi Government. Thus, all members represent GNCTD.
   Formed under the chairmanship of the Chief Minister of the Delhi Government, this National Capital Civil Service Authority will have the right to make recommendations in all other service-related matters of officers/officials working in The Government of Delhi.
   Due to the above arrangement, the head of the elected Delhi Government shall have the right to know all the correspondence and related facts related to the service of the officers and employees working under the Delhi Government.
   For the first time, this Ordinance has provided legal backing for the duties and responsibilities of Ministers and Secretaries working in the Delhi Government. This will also provide greater clarity on their roles and responsibilities and enable smoother governance and administration without any friction.
   In accordance with the intention contained in the judgment of the Hon’ble Supreme Court, for the first time, the elected government of Delhi has been given right to be involved in the decision making related to service matters.
   Also keeping in view, the typical status of Delhi and the basic spirit of the Constitution, a balance has been struck between the powers of a democratically elected Delhi government and the Lieutenant Governor, who is the representative of the democratically elected Central Government. With this, the governance of Delhi government can be carried out in a transparent manner, keeping public interest in mind.