NCT ordinance

Published on 07 Jan 2025

NCT ordinance

Article 239 AA of the constitution has conferred special status on Delhi and provided for Delhi NCT to have an administrator and an assembly with the popular body having legislative powers on all matters of state list except on police, public order and land. Over the years there have been many instances of power conflict between the Delhi government and the Lieutenant Governor, affecting the federal balance of the nation.

Recently, the Central government issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 which interferes with the powers of the Delhi government and also contradicts the supreme court verdict on the power distribution with the union territory.

Highlights of the ordinance

• Power to legislate over services: The ordinance specifies that the assembly will not have power to legislate on ‘service’ matters which includes appointment and transfer of employees of the government.

• National Capital Civil Services Authority (NCCSA): A statutory body consisting of the Chief Minister of Delhi, Chief Secretary and Principal Secretary of the Home department. This body will make recommendations on service matters to the Lieutenant Governor.

• Powers of Lieutenant Governor: LG has discretionary powers while considering the recommendation of the authority and his decision will be final in case of difference in opinion with the authority.

Issues associated with this ordinance 

• Against Supreme Court direction: The apex court has already ruled that the Lieutenant Governor is bound by the aid and advice of the council of ministers in New Delhi and has spelt out the power of the elected government over service matters.

• Delayed appointment process: As chances of conflict between the Lieutenant Governor and the NCCSA are higher, this can lead to delay in appointment.

• Against the spirit of democracy: Reducing the powers of the ruling elected government is a direct attack on democratic credentials.

• Disrupt federalism: The concentration of power with the LG, who is an appointee from the centre affects the spirits of cooperative federalism.

Issues associated with ordinance making power

• Frequent overuse and repromulgation: The prime concern is the frequency with which the provision is being used and the increasing cases of repromulgation.

• Example: The average number of ordinances has increased from 7.1 in 1950 to 15 in 2020. 

• Violation of separation of power: The executive interference in the powers of the legislature dilutes the separation of power doctrine.

• Example: In 2020, 81 ordinances were passed in Kerala which violated the separation of power principle in the state.

• Threaten democratic credentials: Frequent use of ordinance questions the role of the legislative body and their associated powers and relevance.

• Example: Repromulgation of Indian Medical Council Amendment Ordinance and Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance has questioned the democratic functioning of the state.

• Lack of clarity: Vagueness associated with the definition of ‘emergency situation’ which necessitates passing of an ordinance.

• Lack of accountability: The President or the Governor is not accountable to the public for their actions which questions their ordinance making power.

• Example: The unpopular farm bills were first brought in through an ordinance considering the lack of accountability with this route.

• Threaten federalism: Ordinance use by governor indicates the power struggle between central and state government which hinders cooperative federalism.

Recent years have witnessed the central government resorting to ordinance routes on a limited scale with no ordinance being passed in 2022. If such a move is continued it can have a good impact on Indian polity.

Tags:
Polity

Keywords:
Article 239 AA NCT ordinance Challenges to federalism Ordinance making power

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution