Central Government notifies NCT of Delhi (Amendment) Ordinance, 2023; Lieutenant Governor to get control of ‘Services'

On 19-5-2023, the Ministry of Law and Justice notified the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 giving back the administrative powers to the Union.

Key Points:

1. Section 41 of the Government of National Capital Territory of Delhi Act, 1991 relates to Matters in which Lieutenant Governor to act in his discretion. Now, absolute power has been given to LG as the Ordinance has revised LG's power to act in his sole discretion.

2. Part IV-A, Sections 45-Ato 45-M, have been inserted which enumerates the Provisions relating to the maintenance of the Democratic and Administrative Balance in the Governance of National Capital Territory of Delhi (‘NCT'):

3. Section 45-A contains all the important definitions.

4. Section 45-B relates to which Public Service Commissions will be appointing which Posts:

   • For appointment to the Group ‘A’ and Group ‘B’ gazetted posts- Union Public Service Commission

   • For appointment to the Group ‘B’ non-gazetted and Group ‘C’ non-gazetted posts- Delhi Subordinate Services Selection Board.

5. Section 45-C has empowered the Central Government to make rules to provide for matters in connection with the affairs of the NCT:

   • Tenure, salary and allowances, Provident Funds, Pensions, Gratuities, Leave of Absence of service of officers and other employees appointed or posted.

   • The powers, duties and functions of officers and other employees.

   • Qualification and manner of selection for appointment.

   • Transfer and postings.

   • Procedure for imposing penalties, suspension pending departmental inquiries before imposition of such penalty.

   • The authority by whom suspension or penalty will be ordered and the authority to whom appeal or revision can be made.

   • Any matter that regulates the appointment and conditions of services.

6. Section 45-D precisely says that the President has the right to constitute authorities, boards, commissions or statutory bodies in/ for the NCT.

7. Section 45-E says that the National Capital Civil Service Authority (‘NCCSA') will be constituted which will exercise the powers conferred on and will discharge its functions. It will consist of the following:

   • Chief Minister of NCT as Chairperson, ex officio

   • Chief Secretary of NCT, Member, ex officio

   • Principal Home Secretary of NCT will be the Member Secretary to the Authority, ex officio

8. Section 45-F relates to Meetings of NCCSA with a quorum of 2 members.

9. Section 45-G relates to appointment of officers and other staff of NCCSA.

10. Section 45-H relates to the following Powers and Functions of NCCSA:

    • responsibility to recommend the transfers and postings of all the Group ‘A’ officers and officers of Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (‘DANICS').

    • responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance for the purpose of disciplinary proceedings and prosecution sanctions against all the Group ‘A’ officers, including the officers of the All-India Services and DANICS.

    • LG, after receiving recommendations can pass appropriate orders giving effects to the recommendations made.

11. Section 45-I relates to Annual reports which the Authority will have to furnish to the Central Government of to the NCT Government containing details of steps taken, proposals made, and other measures undertaken by it in pursuance of its functions.

12. Section 45-J relates to Disposal of matters by the Minister in his Department. He can also issue standing orders concerning the matters which are to be brought to the personal notice of the Minister. Also, copies of directions and standing orders have to be forwarded to LG and the Chief Minister.

13. Section 45-K relates to the duties of Secretary including preparation and authenticating every memorandum including the Cabinet Notes, for consideration of the Council of Ministers and for obtaining approval of the Minister in-charge and the Chief Minister.

14. Section 45-L relates to the Power of the Central Government to make Rules for carrying out provisions of Part IV-A.

15. Section 45-M relates to Powers of President to remove difficulties by passing an order within expiration of 2 years from the commencement of this Act.

Note: In the matter dealing with the issue that who would have control over the “services” in the NCTD, either the Delhi Government or Lieutenant Governor, the 5-Judge Constitution bench held that the Delhi Government has administrative control over transfers and postings of civil servants in NCTD. Thus, NCTD has legislative and executive power with respect to “services” under Entry 41 excluding matters related to ‘public order', ‘police', and ‘land'. Thus, this ordinance overrides this Constitution Bench judgment.

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