Government of NCT Delhi (Amendment) Act, 2023
Recently the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 has been introduced in the Lok Sabha.
The purpose of this bill is to replace the National Capital Territory of Delhi (Amendment) Ordinance, 2023.
Background of the case:
- A legal battle has been going on since 2015 between the Delhi government and the Lieutenant Governor over control over “services” in Delhi.
- The Supreme Court gave a divided verdict in 2019 and recently (May 2023) a five-judge Constitution bench gave more powers to the Delhi government on the services.
- It was ordered that except matters related to public order, police and land, other administrative services would be controlled by the Delhi government.
- To counter this, the central government passed the National Capital Territory of Delhi (Amendment) Ordinance, 2023.
- The ordinance took “services” out of the purview of the Delhi Legislature and gave more powers to the LG. It will now be replaced by the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
Key provisions of the bill:
The Bill provides for the establishment of the National Capital Civil Services Authority (NCCSA). This authority will make recommendations to the LG on matters related to services.
This authority will include the following:
- Chief Minister of Delhi as Chairman,
- Principal Home Secretary to the Government of Delhi, and
- Chief Secretary of Delhi Government.
Provides the following discretionary powers to LG:
- Matters beyond the legislative authority of the Delhi Legislative Assembly or
- Cases where the LG is required to perform any judicial or quasi-judicial function.
Management of Union Territories
Administration of Union Territories Union territories (UTs) in India are administered by an administrator appointed by the President.
Provisions of Delhi Union Territory:
- Special provisions have been made for some Union Territories like Puducherry, Delhi and Jammu and Kashmir (not yet formed), which have a Legislative Assembly and a Council of Ministers headed by a Chief Minister.
- The Legislative Assembly of these Union Territories has the power to make laws with respect to the matters listed in List II or List III in the Seventh Schedule to the Constitution, so far as these matters apply in relation to the Union Territory.
- However, certain entries in List II, such as public order, police and land, are not within the legislative competence of the Legislative Assembly of Delhi.
Source – Indian Express