Ahead of listing, Delhi services bill tweaked | India News

NEW DELHI: The Government of National Capital Territory of Delhi (Amendment) Bill has dropped Section 3A of the ordinance, which restricted the state assembly from enacting any law on ‘services’. The bill is listed for introduction in Lok Sabha on Tuesday.

While the bill contains all major provisions of the ordinance designed by the Centre for primacy over the city government with regard to appointment of officers, the role carved out for the assembly is significant and appears to be aimed at the SC’s question if the state government could be denied any role whatsoever in the matter of ‘services’.
Delhi won’t have to send report to Centre

Besides carving out a role for the state government in ‘services’, the Government of National Capital Territory of Delhi (Amendment) Bill also drops the requirement mandated under the ordinance for Delhi government to furnish annual reports to the central government.
It also drops the provision mandating placing of “orders/directions of ministers pertaining to proposals or matters required to be referred to the central government before the LG and the chief minister of Delhi.
In another departure from the ordinance, the bill has added sub-section (b) to Section 45D of the bill to allow the NCT government to “recommend a panel of suitable persons for appointment by the LG” to any authority, board, commission or statutory body. In the ordinance (under Section 45D), all such powers were with the President, or in other words the Centre.
The concession, however, comes with the caveat that the state government’s power to make recommendations will be limited only to bodies created and governed by the state assembly. Also, the role of the Delhi government in the matter will stop at making the recommendation, with the bill equipping the LG with the power to turn down recommendations or seek modifications, something that could potentially ensure that the conflict which led to the SC verdict and the ordinance does not abate.
The bill also sets to rest any confusion on who will make appointments to statutory bodies as recently seen in the logjam over the DERC chairman. If the bill is passed by Parliament, the LG will have powers to appoint to all statutory boards and commissions in Delhi.
For any appointment of officers for the Delhi government, the LG is the final authority. The bill, as in the ordinance, provides for the constitution of a National Capital Civil Service Authority consisting of the chief minister of the NCT government as chairperson and the chief secretary and the principal home secretary as members.
The ordinance, and the bill to replace it, were brought to override the SC verdict in May which gave the city government control over services and in appointment of bureaucrats.
The Centre and the state have since gone back to the apex court, the former seeking review of the judgment while the Delhi government challenged the ordinance. The court has referred the matter to a five-judge constitution bench which is yet to start its proceedings.