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

Last updated
Delhi Services Act
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Parliament of India
  • The Government of National Capital Territory of Delhi (Amendment) Act, 2023
Territorial extent
  • National Capital Territory of Delhi
Passed by Lok Sabha
Passed3 August 2023
Enacted by Rajya Sabha
Enacted7 August 2023
Assented to by President Droupadi Murmu
Assented to11 August 2023
Commenced19 May 2023 (Retrospectively)
Legislative history
First chamber: Lok Sabha
Introduced by Union Home Minister, Amit Shah
Introduced1 August 2023
Passed3 August 2023
Voting summary
  • (Voice Vote) Majority voted for
Second chamber: Rajya Sabha
Passed7 August 2023
Voting summary
  • 131 voted for
  • 102 voted against
  • None abstained
Supreme court of India cases
Government of NCT of Delhi VS Union of India
Summary
Establishes the National Capital Civil Services Authority, and thereby giving lieutenant governor the final say in all matters related to transfer and posting of civil servants in Delhi.
Keywords
National Capital Civil Services Authority (NCCSA), Delhi Ordinance, NCTD Act, Delhi Services Act
Status: In force

The Government of National Capital Territory of Delhi (Amendment) Act, 2023 also commonly known as Delhi Services Act, [1] is a bill that extends the Central Government's control of services and gives powers to the Lieutenant Governor of Delhi over the capital city's elected Government. [2] [3]

Contents

Sequence of Events

National Capital Civil Services Authority

It is an administrative authority that will manage the Civil Services in Delhi. The authority will have 3 members- Chief Minister of Delhi, the Chief Secretary and the Principal Home Secretary. The meetings of this authority will be chaired by Chief Minister of Delhi. The decisions are taken by vote.

NCCSA gives the union government more power to take decisions regarding the tenure, salaries, allowances, powers, and duties of officers.

Role of CM in NCCSA

CM will chair the meetings of NCCSA and decide the meeting's day and date. He will be presiding over discussions in NCCSA.

Role of LG in NCCSA

LG will have final decision making authority. He can return files to NCCSA for reconsideration or can also take independent decisions for transfer and posting.

Related Research Articles

Politics of India works within the framework of the country's Constitution. India is a parliamentary secular democratic republic in which the president of India is the head of state & first citizen of India and the Prime Minister of India is the head of government. It is based on the federal structure of government, although the word is not used in the Constitution itself. India follows the dual polity system, i.e. federal in nature, that consists of the central authority at the centre and states at the periphery. The Constitution defines the organizational powers and limitations of both central and state governments; it is well recognised, fluid and considered supreme, i.e. the laws of the nation must conform to it. India is officially declared a secular and socialist state as per the Constitution.

<span class="mw-page-title-main">President of India</span> Head of state of India

The president of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.

<span class="mw-page-title-main">Rajya Sabha</span> Upper house of the Parliament of India

The Rajya Sabha, also known as the Council of States, is the upper house of the bicameral Parliament of India. As of 2023, it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245, after the Jammu and Kashmir (Reorganisation) Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.

<span class="mw-page-title-main">Lok Sabha</span> Lower house of the Parliament of India

The Lok Sabha, also known as the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.

<span class="mw-page-title-main">Parliament of India</span> Bicameral national legislative body of India

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<span class="mw-page-title-main">Government of India</span> Legislative, executive and judiciary authority of India

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<span class="mw-page-title-main">Government of Delhi</span> Territorial government of Delhi

The Government of Delhi, officially the Government of the National Capital Territory of Delhi is the governing body of India's National Capital Territory of Delhi, whose urban area is the seat of the Union Government. It also governs the city or local governments in the area as per the 74th Constitutional Amendment Act.

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The Government of National Capital Territory of Delhi (Amendment) Act, 2021 was enacted by the Government of India on 28 March 2021. It amends the Government of National Capital Territory of Delhi Act, 1991 to give primacy to the centrally appointed Lieutenant Governor of Delhi and make the elected Government of Delhi subsidiary. The elected government will now have to seek the opinion of the Lieutenant Governor for any executive action.

Government of National Capital Territory of Delhi, Ordinance, 2023 aims to create a National Capital Civil Service Authority which will have power related to Transfer and Posting of officers under Delhi Government. India is a federal country where each state is headed by a Chief Minister and his council of Ministers. Delhi being a Union Territory also has a legislature. Government of National Capital Territory of Delhi, ordinance is aimed to make transfer and posting more stable and to make both Central and state government of Delhi be involved in transfer-posting of officers.

References

  1. 1 2 "Delhi Services Act becomes law after President Murmu's approval". India Today. Retrieved 2023-09-22.
  2. "Centre's Delhi ordinance bill on control of services in capital passed in Lok Sabha by voice vote". Hindustan Times. 2023-08-03. Retrieved 2023-08-03.
  3. "How the Delhi Services Bill Empowers the LG, Makes Delhi Government 'Powerless'". The Wire. Retrieved 2023-08-03.
  4. "Supreme Court rules in favour of Delhi Govt in tussle with Centre: Here's what the case was about". The Indian Express. 2023-05-11. Retrieved 2023-08-03.
  5. "Delhi ordinance vs bill: Centre makes key changes. Details here". India Today. Retrieved 2023-08-03.
  6. "Delhi services bill gets Lok Sabha nod: What does it entail, and why is opposition up in arms against it". The Economic Times. 2023-08-03. ISSN   0013-0389 . Retrieved 2023-08-03.
  7. "Parliament Monsoon Session LIVE Updates: Delhi services bill passed in Rajya Sabha". India Today. Retrieved 2023-08-07.