Delhi (Amendment) Act 2023

IAS Current Affairs

1 year ago

Source: PRS India
GS II: Governance

Overview

Why in News?

A bill to repeal the Delhi Services Ordinance will be presented to the Lok Sabha.

The Lieutenant Governor (LG) would be given the final word on all postings and transfers for officials working for the Delhi government under the Government of National Capital Territory of Delhi (Amendment) Act, 2023.

The draft Bill, which mandates the creation of an authority for transfers and postings of senior officers in the Delhi government, has been circulated among MPs.
The objective of the Bill was to give effect to the intent and purpose behind the provisions of Article 239AA of the Constitution.
A permanent authority headed by the
- Chief Minister of Delhi
- Chief Secretary
- Principal Secretary, Home, Government of National Capital Territory of Delhi.

Powers to legislate:
- The Ordinance specifies that the Delhi Legislative Assembly will not have the power to legislate on the subject of services which comes under the State List.
- Services include matters related to appointments and transfers of employees of the Delhi government, and vigilance.
- The central government will give notice of the terms of employment of individuals assigned to positions, including their tenure, qualifications, pay, powers, and suspension.
Creation of Authority
- To recommend Lieutenant Governor of Delhi (LG) matters related
  - Transfers and postings
  - Matters related to vigilance
  - Disciplinary proceedings
  - Prosecution sanctions of Group A of All India Services (except Indian Police Service), and DANICS.
Sole discretion of Lieutenant Governor
- Matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG.
- Matters where he is required by a law to act in his discretion or exercise any judicial or quasi-judicial functions.
A Minister of the Delhi government may issue standing orders concerning the disposal of matters brought to his attention.
- The order should be issued in consultation with the concerned Department Secretary.

The Delhi Assembly’s authority over Services is restricted by the Bill.
- The issue is whether such a modification is permissible under Article 368 without a Constitutional Amendment.
The triple chain of responsibility that connects the civil services, ministers, the legislature, and citizens may be broken if “Services” are taken outside the scope of the Legislative Assembly.
- This could go against the fundamental structure doctrine’s tenet of parliamentary democracy.
The LG has been given complete control over a number of decisions, including when the Legislative Assembly will meet.
- This suggests that the Chief Minister could be unable to call a meeting that is necessary for doing important government business.

The Parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in this article.
Under Article 368(2), Parliament can amend the Constitution by passing a Bill with a special majority.
In the landmark Kesavananda Bharati case 1973, the supreme court has ruled that parliament has the power to amend any part of the constitution but it cannot alter the basic structure of the constitution.

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