The "Government of NCT of Delhi (Amendment) Bill, 2023" is a legislative proposal that was approved by the Parliament of India in August 2023. This bill seeks to modify the provisions of the Government of National Capital Territory of Delhi Act, 1991, with the primary aim of increasing the authority of the Central government in managing the administration of Delhi, the national capital of India.
The bill introduces several key changes to the existing structure and functioning of governance in Delhi:
Transfer of Legislative Authority: The bill eliminates the power of the Legislative Assembly of Delhi to enact laws related to crucial domains such as police, public order, land, and services. These subjects, previously under the jurisdiction of the Legislative Assembly, are now shifted under the control of the Central government.
Creation of National Capital Civil Services Authority (NCCSA): The bill establishes the National Capital Civil Services Authority (NCCSA), which holds the responsibility of providing recommendations to the Lieutenant Governor (LG) of Delhi concerning matters like transfers, postings, disciplinary actions, and oversight of officers in Delhi. The NCCSA is composed of significant figures such as the Chief Minister, Chief Secretary, and Principal Home Secretary of Delhi.
Enhanced Power of the LG: The bill grants the Lieutenant Governor (LG) the authority to override the suggestions made by the NCCSA. This means that the LG can choose not to follow the recommendations put forth by the NCCSA regarding officers' appointments, transfers, and disciplinary actions.
Dissolution of the Legislative Assembly: Another significant change is that the LG is now empowered to dissolve the Legislative Assembly of Delhi, which is a move that can lead to the disruption of the elected government's functioning.
The bill has attracted criticism from various quarters, particularly from the Aam Aadmi Party (AAP), which is the ruling party in Delhi. The AAP asserts that the bill represents an attempt by the Central government to strip the elected government of Delhi of its powers. The party also contends that the bill is unconstitutional as it runs counter to the principles of federalism, which emphasize a balanced distribution of authority between the central and regional governments.
Legal experts have also voiced concerns over the bill, arguing that it unduly empowers the LG, potentially undermining the autonomy and decision-making authority of the Legislative Assembly of Delhi.
The bill's constitutionality is currently being challenged in the Supreme Court. The outcome of this legal battle is uncertain and could have profound ramifications. If the Supreme Court upholds the bill, it would result in increased central control over Delhi's administration, with possible repercussions on the city's governance and development. Additionally, this situation might lead to continued clashes between the AAP-led local government and the Central government, potentially intensifying political tensions and instability in Delhi.