Controversial Bill To Replace Delhi Ordinance Makes Key Changes

New Delhi:

The bill to replace the Centre’s controversial ordinance or special order for the control of services in Delhi is likely to be introduced in parliament with key changes, official sources have said.

The draft bill, which will be tabled by Home Minister Amit Shah, has been circulated among the MPs.

There are three major deletions and one addition to the Government of National Capital Territory of Delhi (Amendment) Bill, which replaces the ordinance issued by the Centre in May to override a Supreme Court order that said the elected government in Delhi, not the Centre, has control over the transfer and appointments of bureaucrats in the capital.

The ordinance issued by the Centre restricted the Delhi Assembly from enacting any laws relating to ‘State Public Services and State Public Service Commission’. That part of the ordinance has been dropped in the bill.

A new provision in the bill states that the Lieutenant Governor will make appointments to Boards and Commissions constituted by the Delhi government based on a panel of names recommended by the National Capital Civil Service Authority that will be headed by the Chief Minister of Delhi.

The ordinance row marks the latest clash in the power tussle between the Delhi government and the Lieutenant Governor, who represents the Centre. The latest flashpoint was on the appointment of a chairperson to the Delhi Electricity Regulatory Commission (DERC).

The controversial bill has sparked a massive face-off between the Arvind Kejriwal government and the ruling BJP at the Centre. The Aam Aadmi Party (AAP) has accused the BJP of trying to subvert the rule of law while trying to take over control of officers in the capital. Arvind Kejriwal travelled across the country, meeting various chief ministers and opposition party leaders to gain their support.

What Has Been Dropped:

1. ‘Additional provisions with regard to Delhi Legislative Assembly’ inserted as Section 3A through the Ordinance has been removed in the bill. Section 3A of the ordinance said, “Notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto.:

2. Provision mandating tabling of the ‘annual report’ of the National Capital Civil Service Authority in Parliament and Delhi assembly.

3. Provision mandating placing of ‘orders/directions of ministers pertaining to proposals or matters required to be referred to the central government before the Lieutenant Governor and the Chief Minister of Delhi.

What Is New:

For Boards or Commissions, which are made by the law enacted by Delhi assembly, the National Capital Civil Service Authority shall recommend a panel of names for appointment by the Lieutenant Governor.

What Supreme Court Said

The Supreme Court had in May ruled in favour of the Delhi government, saying it will have control all services in the national capital, except those relating to public order, land and police.

The Centre has sought a review of the verdict. The Arvind Kejriwal government, on its part, has petitioned the Supreme Court against the ordinance the central government brought soon after the big court ruling.

Last week, the Supreme Court referred the Delhi government’s plea challenging the Centre’s ordinance to a five-judge constitution bench.

It said that 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.