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Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023

Context:

The President recently promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to make a fresh claim of power over the services in the capital.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

  1. Details
  2. About Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023
  3. Role of  LG

Details:

  • The recent Supreme Court ruling granted the Delhi Government legislative and executive control over administrative services in the National Capital Territory of Delhi (NCTD), with the exception of public order, police, and land.
  • However, the central government has introduced an ordinance that effectively cancels out the Supreme Court’s decision.

About Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023:

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 introduces the National Capital Civil Service Authority (NCCSA) and redefines the roles of the Chief Minister, Chief Secretary, and Principal Home Secretary in Delhi’s administration. Here are the key points:

  • NCCSA Composition: The NCCSA will consist of the Chief Minister of Delhi as the head, along with the Chief Secretary and Principal Home Secretary of Delhi as the other two members.
  • Functions of NCCSA: The NCCSA’s primary role is to make recommendations to the Lieutenant Governor (LG) regarding transfer, posting, vigilance, and other matters concerning Group ‘A’ officers and officers of DANICS (Delhi, Andaman and Nicobar Islands Civil Service) serving in the Government of NCTD.
  • Decision-making: All matters to be decided by the NCCSA will be determined by a majority vote of the members present and voting. This implies that the decision of the elected Chief Minister of Delhi can be overruled by the Chief Secretary and Principal Home Secretary, who are senior bureaucrats.

Role of LG:

  • Passing Orders: The LG is responsible for passing orders to implement the recommendations made by the National Capital Civil Service Authority (NCCSA).
  • Relevant Material: The LG has the authority to request the relevant material related to officers belonging to All India Services and DANICS serving in the Delhi government.
  • Difference of Opinion: If the LG disagrees with a recommendation made by the NCCSA, they can return the recommendation to the Authority for reconsideration. The LG must provide written reasons for their disagreement. However, according to the ordinance, in case of a difference of opinion, the decision of the LG shall be final.
  • Group B and Group C Officers: The ordinance does not specifically address the transfer, posting, discipline, etc., of Group B and Group C officers. This suggests that the elected government of Delhi would retain control over these officers.

-Source: Indian Express


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