House Talk | Here's What Govt Seeks to Change with Delhi Services Bill & Why AAP is Opposing it

The government is likely to introduce a bill in the Lok Sabha on Monday that will replace the Delhi ordinance that called for the creation of authority for the transfer and posting of Group-A officers in the national capital. 

The government has listed the Government of National Capital Territory of Delhi (Amendment) Bill among the 31 Bills that will be taken up for discussion in 17 sittings during Parliament’s monsoon session.

The Union cabinet has approved the bill this week and Union Home Minister Amit Shah is likely to table it in the Lower House next week.

The bill has led to a political slugfest in the national politics with the Aam Aadmi Party seeking support of Congress and other opposition parties against the bill.

About Delhi Ordinance and Why it was Introduced

It all started in May, when the Supreme Court ruled that the government in Delhi can make laws and administer civil services in the state. The top court handed over the control of services in Delhi excluding police, public order and land, to the elected government of the Union Territory.

Before the May 11 verdict, the transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor.

A week later, on May 19, the Narendra Modi-led BJP government promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 that sought to create an authority for transfer and disciplinary proceedings against bureaucrats from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

An ordinance is promulgated by the President on the recommendation of the Union Cabinet when Parliament is not in session. It is mandatory for Parliament to adopt a law to replace the ordinance within six weeks of the commencement of the next session.

Through the ordinance, that amended the Government of National Capital Territory of Delhi Act 1991 (GNCTD Act), the government aimed to return to its original position which it had taken on May 21, 2015 through a Home Ministry notification.

The aim of the ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.

The central government, right from the first PM Jawaharlal Nehru, has been promulgating ordinances to override judgements of the apex court.

Prior to this, the Centre brought two ordinances that can facilitate the extension of the tenure of the Directors of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) up to five years.

Matter in the Supreme Court

Delhi government challenged the centre’s Ordinance in the Supreme Court, which referred the Delhi government’s plea to a five-judge Constitution Bench last week.

The apex court said the Constitution Bench will examine whether Parliament can “abrogate the constitutional principles of governance" for the Delhi government by making a law to take away its control over services.

Meanwhile, AAP MP Raghav Chadha has wrote to Vice President and Rajya Sabha Chairman Jagdeep Dhankhar urging him not to allow the bill in the Upper House. Chadha called the Bill “unconstitutional" and urged the chairman to direct the BJP-led Centre to withdraw it and “save the Constitution".

Political Slugfest

The ordinance, which would be replaced by a bill, started a conflict between the Aam Aadmi Party (AAP) government in Delhi and the Centre. Delhi Chief Minister Arvind Kejriwal has reached out to opposition parties to gain support against the ordinance. Kejriwal is trying to stop the Centre’s bid to replace it through a bill in the Parliament.

So far, AAP has got the support of Congress, Trinamool Congress, DMK, RJD and KCR-led Bharat Rashtra Samithi.

Some parties that are expected to support the NDA over the bill is YSR Congress. Other parties that have not yet decided their support include JD(S), BJD, BSP and TDP.