What is the Delhi Services Bill and how it will change the power structure in the capital

In a significant development in Indian politics, the Lok Sabha passed the Delhi Services Bill, officially known as The Government of National Capital Territory of Delhi (Amendment) Bill, 2023, on Thursday, August 3.

The bill, which has sparked intense debate and opposition, seeks to grant the Lieutenant Governor (LG) of Delhi increased control over the appointment, transfer, and postings of Group A and DANICS officers within the National Capital Territory (NCT).

Opposition Members of Parliament (MPs) staged a walkout in protest against the bill, underscoring the contentious nature of this legislative move.

The Delhi Services Bill was passed after a nearly four-hour-long debate which was replied to by Union Home Minister Amit Shah. Shah said that the central government has the power to make laws on Union territories and Delhi, being a Union Territory, the Centre enjoys full rights to make rules also.

"The bill is constitutionally valid and it is for the benefit of the people of Delhi," he said.

What is the Delhi Services Bill?

The Delhi Services Bill aims to grant the LG of Delhi greater control over the appointment, transfer, and postings of all Group A and DANICS officers in the National Capital Territory (NCT).

If passed in the Rajya Sabha, the bill will override a Supreme Court order, which previously granted the Delhi government significant control over most services within the capital city, except for public order, land, and police matters.

On May 19, the Centre introduced an ordinance to override the top court's order. The Delhi Services Bill is meant to replace the ordinance.

This sets the stage for a potential shift in the power structure of Delhi's administration, with implications that could reshape the dynamics between the elected government and the LG.

 

Here are some key provisions of the Delhi Services Bill:

• The LG will have the power to appoint, transfer, and post all Group A and DANICS officers in the NCT.
• The Delhi government will no longer have any say in the appointment, transfer, or posting of these officers.
• The LG will also have the power to inquire into the conduct of these officers and take disciplinary action against them.
• The Delhi government will be able to appeal against the LG's decisions, but the final decision will rest with the LG.

 

How will it change the power structure in Delhi?

The passage of the Delhi Services Bill will shift the power dynamics within Delhi's governance.

Under this bill, the LG will possess greater authority over the bureaucracy, including the ability to appoint, transfer, and post officers without requiring the consent or input of the Delhi government.

This could potentially hinder the smooth implementation of policies by the elected Delhi government, as they will be dependent on the LG's approval for crucial bureaucratic decisions.

Additionally, it may lead to conflicts and disagreements between the LG and the Delhi government, as both entities will now have overlapping powers in controlling the administration.

 

Opposition and reactions

The Delhi Services Bill has faced opposition from the Aam Aadmi Party (AAP) and other Opposition parties, who argue that it goes against the spirit of democracy and undermines the power of an elected government.

Delhi Chief Minister Arvind Kejriwal expressed his disappointment, accusing the Bharatiya Janata Party (BJP) of breaking its promise to grant full statehood to Delhi.

"Repeatedly BJP has promised that it will give full statehood to Delhi. In 2014, Modi himself said that on becoming the Prime Minister, he would give full statehood to Delhi. But today these people stabbed the people of Delhi in the back. Don't believe anything of Modi ji from now on," Arvind Kejriwal said on X (formerly known as Twitter).

The AAP leader Sanjay Singh called the passage of the bill a "killing of Indian democracy in the Parliament."

The impact and future implications

The full impact of the Delhi Services Bill on the power structure in Delhi remains uncertain, as it awaits consideration in the Rajya Sabha. However, if it becomes law, the bill could lead to a significant shift in the administrative landscape of the capital city.

The LG's increased authority over key bureaucratic appointments may pose challenges to the Delhi government's autonomy and governance effectiveness.

This move may also raise constitutional concerns and spark further debates on the division of powers between the central and state governments.