Delhi govt’s ordinance & the dispute over control of services

Delhi govt’s ordinance & the dispute over control of services

• The President of India recently Promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.
• The Centre promulgated an Ordinance extending powers to the Delhi lieutenant governor over services in the administration of the national capital.
• The powers are mainly to transfer and appoint bureaucrats posted to Delhi.
• The Ordinance is aimed at nullifying the effect of the Supreme Court’s decision that gave the Delhi government powers over administrative services in the national capital, raises several key questions– questions that are likely to soon be posed before the Supreme Court.

Creation of National Capital Civil Service Authority (NCCSA):

• The Ordinance creates a new statutory authority – the National Capital Civil Service Authority (NCCSA). 
• Composition:
  • NCCSA will be headed by the elected Chief Minister of Delhi in addition to the Chief Secretary and the Principal Secretary of the Home department. 
  • The NCCSA will make “recommendations” to the LG regarding “transfer posting, vigilance and other incidental matters.”
• All matters required to be decided by the body shall be decided by “majority of votes of the members present and voting.” 
  • This means, that in effect, the decision of the elected chief minister of Delhi can be overruled by the two senior bureaucrats.  
• Furthermore, in case the LG differs with the recommendation made, they would be empowered to “return the recommendation to the Authority for reconsideration” and, in case of continuing difference of opinion, “the decision of the Lieutenant Governor shall be final.” 
  • This effectively reverses the verdict delivered by the Supreme Court, which vested the Delhi government with final authority over the matter.

Practice Questions for Prelims

Consider the following statements regarding recently Promulgated the Government of National
Capital Territory of Delhi (Amendment) Ordinance, 2023.
1. The Ordinance creates a new statutory authority the National Capital Civil Service Authority
(NCCSA).
2. NCCSA will be headed by the Chief Minister of Delhi in addition to the Chief Secretary and
the Principal Secretary of the Home department.
3. The NCCSA will make “recommendations” to the LG regarding “transfer posting, vigilance
and other incidental matters.”
4. In case the LG differs with the recommendation made, they would be empowered to “return
the recommendation to the Authority for reconsideration” and, in case of continuing
difference of opinion, “the decision of the Chief Minister shall be final.”

Which of the statements given is/are incorrect?
a) 2 and 3 only
b) 3 and 4 only
c) 1, 3 and 4 only
d) None

Ans. c

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