DELHI SERVICES BILL, 2023

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.

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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.

CONCLUSION