Delhi Ordinance

Delhi’s dispute over services

Context:

• A Constitution Bench headed by the Chief Justice of India D.Y. Chandrachud on May 11 held that the Delhi government can make laws and administer civil services in the national capital.
• The court limited the role of the Lieutenant Governor (LG), an arm of the Centre, over bureaucrats in the capital to three specific areas — public order, police and land.
• The judgment intended to strike a balance between the national interests of the Centre in the capital and the authority of an elected Delhi government to legislate and administer meaningfully through “professional” civil service officers deputed to its departments.
• However, on May 19, the Centre responded to the judgment through an ordinance. The President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 which in a way gives back effective power over services to the Lt Governor. The stated aim of the Ordinance is to “provide for a comprehensive scheme of administration of services” which “balances the local and domestic interests of the people of Delhi with the democratic will of the entire nation reflected through the President of India”.
• The ordinance created national capital civil services authority (NCCSA) to oversee services in NCT. though the Delhi CM is the chairman of NCCSA, the union government enjoys the majority due to the composition of the body, there by giving it absolute veto on services.

Powers of the Union

UTs without legislative assembly:

• Union Territories without legislative assemblies are listed in Article 239. They are – Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Lakshadweep and Ladakh.
  • The central government exercises direct administrative control over union territories, while the President’s Authority appoints an administrator or lieutenant governor to represent the central government.
  • The central government has the authority to enact laws and regulations for the governance of these union territories on all of the matters listed in the seventh schedule, while the administrator or lieutenant governor is in charge of the overall administration, development, and governance of the union territory. 

UTs with legislative assembly:

• The Centre has powers over Union Territories with a legislative assembly as outlined in Article 239A of the Constitution of India. They are – Delhi, Puddicherry, Jammu and Kashmir.
  • The Centre has the power to make laws related to seventh schedule and appoint the Lieutenant Governor to head the Union Territory.
  • The Union Territory government is not empowered to raise taxes or borrow money without prior approval from the Centre.
  • The Centre has the power to suspend or dissolve the legislature in exceptional circumstances and take over the administration of the Union Territory in case of a breakdown of law and order.
  • National Capital Territory has special provisions.

 SPECIAL PROVISIONS FOR NCT:

• The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi and re-designated it the National Capital Territory of Delhi (NCT).
• The legislative assembly can make laws on all matters of the State List and the Concurrent List except public order, police and land. But the laws of Parliament prevail over those made by the Assembly on all matters.

Arguments in favor for the ordinance:

• Article 239AA specifically excludes land, police and public order from the purview of the legislative powers of the Delhi government. These three issues can also have some overlap with other “services”, thereby leading to future tussles.
• NCT by virtue of being the capital of the country, should impose no limitations on the powers of the central government. The Central government should be able to operate and discharge its duties seamlessly without bottlenecks from the elected Delhi government.

Arguments against the ordinance

• Critics contend that Bureaucrats can possibly veto the chief minister.
• NCCSA can possibly bring services officers out of the administrative control of the elected ministers.
• NCCSA can negate the intrinsic link between government accountability & principle of collective responsibility, and it disturbs the chain of command.

Mains question:

• Critically analyze the sui generis status of the National Capital Territory of Delhi (NCT) among union territories in the context of the recent Delhi services ordinance. (250 words) 15 M