DELHI SERVICES BILL, 2023


Published on 18 Apr 2025

Syllabus

Functions & responsibilities of the Union and the States; issues and challenges of federal structure Devolution of powers and finances to local levels; challenges therein.

WHY IN NEWS?

The Government of National Capital Territory of Delhi {Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both Houses of Parliament.

SHORTAKE


•INTRODUCTION

•     In S R Bommai Vs UOI case {1994), SC declared federalism as a basic structure of the Indian constitution. However, recently cooperative federalism has changed into confrontational federalism.

 FEATURES OF THE BILL

  •  Establishment of National Capital Civil Service Authority(NCCSA) to advise Lt. Governor on service-related matters.
  •  Expands the discretionary power of Lt. Governor.
  • Gives power to Delhi government ministers for 'disposal of matters' with the consultation of the department secretary.

ARGUMENTS IN FAVOUR OF THE BILL

  • Balancing of Interests:- It respects the role of the elected Delhi government by giving it representation in the NCCSA.
  • Constitutional Validity:- Article 239AA of the Constitution allows Parliament to make laws on matters that are normally within the exclusive domain of the States, Eg: services
  • Article 239AB of the Constitution does empower the President to make regulations for the peace, progress and good government of Delhi.

19

ARGUMENTS AGAINST THE BILL

  • Undermining the principles of representative democracy where unelected Lt. Governor is given wider powers.
  • Vagueness of law - "sole discretion" of the Lt. Governor and criteria for matters brought to his notice, are considered vague


CONFLICT IN CURRENT DELHI GOVERNANCE MODEL

  • •Opposes cooperative federalism, reverses principles laid by the 2018 SC judgment in Government of NCT Delhi vs Union of India.
  •  Delay in Decision-Making by mandating Lt. Governor's consent has caused delays in decision-making.
  • Infringement of Legislative Privilege: Legislative Assembly has the right to make its own rules for its functioning but now LG can interfere in decision making.
  • Violation of Executive Responsibility: Lt. Governor is not answerable to the Delhi Assembly.

WAY FORWARD

• Give greater flexibility to states on subjects in state list and transferred items in the concurrent list of Schedule 7.
{Punchhi Commission)
• Delegate maximum power to the states {1st ARC)
• Formation of Expert Committee: comprising legal, constitutional, and administrative experts can be formed to provide recommendations on resolving the conflict between Lt. Governor and state authorities.
Negotiation and Dialogue: Engaging in meaningful dialogue and negotiation between the central gove

CONCLUSION


While proponents argue that it brings clarity to the distribution of powers, opponents clait that it may infringe upon the principles of parliamentary democracy and the constitutional separation of powers.

PYQ MAPPING

Q1) Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of Indian federal politics? (2016)
Q2) Whether the Supreme Court judgment (July 2018} can settle the political tussle between the Lt. Governor and the elected government of Delhi?

SAMPLE QUESTION

Recently, the Parliament of India has passed Delhi Services Bill 2023.Discuss its impact on the governance of the National Capital Territory (NCT) of Delhi. (10 marks 150 words)

Tags:
Polity

Keywords:
Delhi Services bill NCT ordinance Challenges to federalism Article 239AA Federalism

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