Delhi Services Bill introduced in Lok Sabha.
Delhi Services Bill introduced in Lok Sabha.
News2News.in Explainer:Delhi Services Bill (The Delhi Ordinance Bill was introduced in the Lok Sabha, the lower house of the Parliament, on Tuesday, August 1. It is officially called the National Capital Territory (NCR) Delhi Government’s Amendment Bill 2023 (Amendment Bill, 2023). However, it could not be discussed amid the huge uproar. Earlier, the Central Government had brought the Delhi Services Ordinance in May. Now the bill related to this has come in the Parliament, so all the opposition parties have protested. Come, through today’s News2News.in Explainer, we will tell you what is the Delhi Services Bill. Along with this, we will know what changes have been made in this bill.
Bill introduced in Lok Sabha
The Delhi Services Bill was introduced in the Lok Sabha on 1 August. During this, Home Minister Amit Shah also explained the reasons behind the immediate law through an ordinance. Shah said that this House has the power to bring any law. Under Article 249, this house has the powers to bring any law on Delhi.
AAP and Congress opposed the ordinance
On the other hand, other opposition parties including AAP and Congress have strongly opposed the ordinance. However, the BJP, which has a majority in the Lok Sabha, is certain to get support from Jagat Mohan Reddy’s party (YSR Congress Party) and the Biju Janata Dal in the Rajya Sabha for the passage of the bill. Therefore, the Delhi Services Bill will be easily passed by both the Houses.
What is Delhi Service Ordinance
Let us tell you that a five-member constitution bench headed by Chief Justice DY Chandrachud, while giving its verdict on May 11, said that except land, police and law and order in Delhi, the government of Delhi will be free to take all other administrative decisions. Delhi government will also be able to do transfer-posting of officers and employees. Except on these three issues, the Lieutenant Governor is bound to accept the rest of the decisions of the Delhi government. Before this decision of the Constitution Bench, the transfer-posting of all the officers of Delhi Government was done by the Lieutenant Governor.
Only a week after this decision of the Constitution Bench, on May 19, the Central Government brought an ordinance. By bringing the Government of National Capital Territory of Delhi Ordinance 2023, the Central Government took back the right of transfer-posting of administrative officers from the Delhi Government and gave it to the Lieutenant Governor. The National Capital Civil Services Authority has been constituted through this ordinance. Its members include the Chief Minister of Delhi, the Home Secretary and the Chief Secretary of Delhi. The Chief Minister will be the chairman of this committee and this authority will take decisions on the basis of majority. Also, in case of difference of opinion among the members of the Authority, the decision of the Lieutenant Governor of Delhi will be considered final.
The decision of the constitution bench was in favor of the Delhi government.
In the matter of transfer-posting of officers in Delhi, the verdict given by the constitution bench was in favor of the Delhi government. In such a situation, the decision of the court can be changed only by amending the law or making a new law. At the time of the decision of the Constitution Bench, the Parliament was not functioning, in such a situation, the central government overturned this law by bringing an ordinance. According to the constitution, it is necessary to pass any ordinance in both the houses of the parliament within six months of the ordinance brought.
How different is the new bill from the ordinance
The Bill will have all the major provisions of the Ordinance. However, there is no mention of the provision included in the Bill, which prevents the State Legislature from making laws relating to the services. Also, the bill will give primacy to the central government on the posting of officers belonging to the All India Services and the Delhi, Andaman and Nicobar Islands Civil Services (DANICS). The provision mentioned in this Ordinance has not been included, under which the State Legislature had no role in making any law on the services.
The Bill removed the mandatory requirement under the Ordinance for the Delhi government to submit an annual report to the central government. The bill does not include the mandate to place the orders and instructions of the Ministers relating to proposals or matters to be sent to the Central Government, before the Governor of Delhi and the CM of Delhi.
Apart from the ordinance, the bill added sub-section (b) to section 45D of the bill to allow the government to recommend a panel of suitable persons for appointment by the governor to any authority, board, commission or statutory body. Has gone. The Ordinance has all the powers that the President or in other words the Center had.
Transfer-posting in the hands of a three-member committee
However, the provision states that the power of the State Government to make recommendations shall be limited only to bodies created and governed by the State Legislature. Also, the role of the Delhi government in this matter will be limited to making recommendations. The Bill will give the LG the power to reject the recommendations or seek amendment. As per the bill introduced, the transfer-posting of officers in the Delhi government will be done by a three-member committee headed by the Chief Minister of Delhi.
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