Unending Battle For Control Of Services Between Delhi Govt. And Centre

Delhi has been capital of many kingdoms. The British also shifted capital of British India from Calcutta to Delhi in 1911. Before independence Delhi was administered through Chief Commissioner. After independence provision was made for elected Legislative Assembly but this experiment was short lived. Population of Delhi was continuously increasing and such a large number of people could not have been deprived of representative government at local level. At the same time situation of Delhi was unique as it is capital of India and important central government institutions as well as foreign embassies are situated at Delhi.  

Parliament vide 69^th amendment introduced Article 239 AA and 239 AB in the Constitution in 1991. 239AA provides detailed provision for administration of  NCT of Delhi. It provides for Legislative Assembly consisting of elected representatives. It also empowers the Legislative Assembly to legislate on the matters belonging to State List except police, land and law and public order. Thus, a fine balance was created between NCT of Delhi and Central Government.

What are issues between the Union And NCT of Delhi ?

After Aam Admi Party came into power in Delhi, the conflicts between Government of NCT of Delhi and Central Government started for control of services.  Central Government issued notification on 21^stMay, 2015 which provided that the Lieutenant Governor shall exercise control “to the extent delegated to him from time to time by the President” over “services”, in addition to “public order”, “police”, and “land.” The Lieutenant Governor may seek the views of the Chief Minister of NCTD at his “discretion”. The dispute reached to doors of the High Court of Delhi. The High Court held that “services” falls outside purview of the Legislative Assembly of Delhi.

Delhi Government filed an Appeal before the Supreme Court. The Supreme Court referred the matter to Constitution Bench. The Constitution Bench held on 4^th July 2018 that LG has no independent powers and had to follow aid and advice of the Council of Ministers on all aspects  except public order, police and land.

Matter was sent back to regular bench of Supreme Court to decide the matter. The judges of the Division Bench differed on the aspect of control of services  and again the matter was referred to the Constitution Bench.

Constitution Bench held on 11^th May, 2023   that the control of services will be with NCT of Delhi.

What was the ordinance issued by the President in respect of Administration of NCT of Delhi ?

The President issued ordinance on 19^th May, 2023  under Article 123 of the Constitution to negate the effect of the judgement of the Supreme Court delivered on 11^th May, 2023. The ordinance creates National Capital Civil Services Authority (NCCSA). The NCCSA consists of Chief Minister, Chief Secretary and Principal Home Secretary. Decision has to be taken by majority of votes. The quorum will be two members. It is evident that there will be bureaucratic majority in NCCSA.

The NCCSA will have power of transfer and posting of Group A Officers and DANICS officers. The NCCSA will also power to deal with vigilance and non-vigilance matters for the purpose of disciplinary proceedings and prosecution sanctions against all Group A officers.

On the recommendation of the NCCSA, the LG can pass appropriate orders or return the recommendation for reconsideration. If there is difference of opinion between the NCCSA and LG, the opinion of LG will be final. Thus LG also holds a veto on decision of NCCSA.

This ordinance has been approved by Parliament.

The Government of Delhi NCT has challenged the ordinance in WP (c) 678/2023 before the Supreme Court. The Supreme Court has referred the matter to the Constitution Bench. The battle  for control of  “services” continues.

_____________________________________________________