Government of NCT Delhi (Amendment) Act, 2023 Receives President's Assent

On Friday, the President has given assent to contentious Government of NCT of Delhi (Amendment) Bill, 2023 - It dilutes the powers of the Delhi Government over services. It will come into force retrospectively from 19th May, the day when Ordinance was promulgated.

The Bills was passed in Rajya Sabha on August 07, with 131 votes in its favour and 102 votes against it.It was already approved by Lok Sabha on August 03.

Notably, the Act has significant changes from the Ordinance promulgated by the Centre on May 19 a week after the Supreme Court ruled that the Delhi Government has power over the administration and control of civil servants except in matters relating to public order, police and land.

However, in the Act, Section 3A is conspicuous by its absence. The other provisions which seek to make drastic administrative changes in relation to governance of the national capital are retained in the Bill.

National Capital Civil Service Authority

The Act will establish a permanent authority named "National Capital Civil Service Authority" to take decisions with respect to the postings and control of civil servants. 

The Authority will be headed by the Chief Minister of Delhi and will consist of the Chief Secretary, Government of National Capital Territory of Delhi and the Principal Secretary, Home, Government of National Capital Territory of Delhi. The Authority can make recommendations to the Lieutenant Governor regarding transfers and postings of all Group 'A' officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi barring officers handling matters related to public order, land and police.

The Authority can also make recommendations to the LG regarding vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and grant of prosecution sanctions in relation to the above officers.

LG's decision to be final

The Act confer the final authority to the LG. In case of any difference of opinion, the LG's decision will prevail.

Section 45D of the Ordinance modified in the Act

Another key change in the Bill is the modified of Section 45D of the Ordinance, which gave power to the Centre regarding the appointments to statutory commissions and tribunals in Delhi.

According to the provision 45D of the ordinance- Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, or any office bearer or member thereof, constituted or appointed by or under any law for the time being in force, in and for the National Capital Territory of statutory Delhi, shall be constituted or appointed or nominated by the President.

In the Act, the appointments shall be as follows :

In relation to bodies created under Parliament Law : members shall be constituted or appointed or nominated by the President; and

In relation to bodies created under the Delhi Assembly Laws : National Capital Civil Service Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H.

It may be noted that the Delhi Government had approached the Supreme Court challenging the Ordinance. On July 20, the Supreme Court referred the matter to a Constitution Bench for adjudication. Section 45D of the Ordinance was also subjected to challenge by the Delhi Government, which objected to the appointment made by the President to the post of the DERC Chairperson.

Click Here To Read The Bill