Bill To Replace Centre's Ordinance On Delhi To Be Introduced In Parliament Next Week

The Delhi (Amendment) Bill, 2023, which has been a topic of contention, is scheduled to be introduced in Parliament next week, as revealed by Union Minister V Muraleedharan during the Rajya Sabha session on Friday.

This upcoming introduction of the bill sets the stage for a potential dramatic confrontation between the ruling National Democratic Alliance (NDA) and the opposition I.N.D.I.A block. One of the constituents of the I.N.D.I.A block, the Aam Aadmi Party (AAP), will be directly affected if the legislation is passed in Parliament. The opposition has consistently criticized the bill, labeling it as an "attack" on India's federal structure.

The Union Cabinet reportedly approved a Bill aimed at replacing the Centre's ordinance on the control of services in Delhi. During a Cabinet meeting chaired by Prime Minister Narendra Modi on Tuesday evening, the decision was taken, and the Bill is expected to be introduced in the current session of Parliament, according to sources.

The Delhi ordinance was promulgated by the Centre on May 19, following the Supreme Court's decision to grant control of services in Delhi, excluding police, public order, and land, to the elected government led by AAP leader and Chief Minister Arvind Kejriwal. The ordinance aimed to reverse the SC order that granted executive powers to the Delhi government in service matters, including the transfer and posting of officers. The proposed Bill is likely to solidify the authority of Lieutenant Governor VK Saxena to differ from the Delhi government's decisions on service matters.

The ordinance established a National Capital Civil Service Authority responsible for the transfer and disciplinary proceedings of Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu, and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre. It also granted the Lieutenant Governor the final say in any decision made by the Authority.

Chief Minister Arvind Kejriwal has expressed his concerns in the past, stating that the ordinance places bureaucrats above the elected government in the capital, allowing them to challenge and question the decisions made by ministers.

Ordinances are promulgated by the President on the recommendation of the Union Cabinet when Parliament is not in session. However, it is mandatory for the Parliament to pass a law replacing the ordinance within six weeks of the commencement of the next session.

The Delhi government had previously approached the Supreme Court against the ordinance, and the apex court recently referred the plea to a Constitution Bench.