Parliament passed GNCTD (Amendment) Bill 2023
Bill and Act
5 min read
Parliament passed the Government of the National Capital Territory of Delhi (Amendment) Bill 2023, this bill empowers the central government to make rules for Delhi.
On 7 August 2023, the Government of the National Capital Territory of Delhi (Amendment) Bill 2023 was passed as soon as it was approved by the Rajya Sabha.
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In the Rajya Sabha, 131 MPs voted in favor of the bill, while 102 MPs voted against the bill. While this bill was passed by the Lok Sabha only on 3 August 2023.
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The Bill seeks to amend the Government of the National Capital Territory of Delhi Act, 1991. It empowers the Central Government to make rules with respect to the affairs of the Government of National Capital Territory of Delhi, including the functions, terms and other conditions of service of officers.
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The central government had brought an ordinance in this regard in May 2023 itself. On which there was a lot of controversy between both the parties.
National Capital Civil Services Authority:
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In this, a provision has also been made for the formation of the National Capital Civil Services Authority.
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This authority will consist of the Chief Minister of Delhi, the Chief Secretary of Delhi and the Principal Home Secretary of Delhi.
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The Authority will make recommendations to the Lieutenant Governor (LG) of Delhi regarding matters of transfer and postings of officers and disciplinary actions.
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The Bill empowers the LG to exercise his discretion on a number of matters, including those recommended by the National Capital Civil Services Authority and summoning, adjourning and dissolving the Delhi Assembly.
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It also authorizes the secretaries of the department to bring to the notice of the LG, Chief Minister and Chief Secretary any matter that may bring the Delhi government into conflict with the central government.
Powers of the Lieutenant Governor (LG) in the Bill:
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Under the Act, cases where the LG can act in his discretion are:-
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Matters outside the legislative competence of the Delhi Legislative Assembly, but which have been assigned to the LG, or
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Matters where he is required by law to act in his discretion or to perform any judicial or quasi-judicial functions.
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The Bill specifies that in these cases, the LG will act in his discretion. It expands the discretionary role of the LG and gives him the power to approve the recommendations of the Authority or return them for reconsideration.
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In case of difference of opinion between the Lieutenant Governor and the Authority, the decision of the LG will be final.
Govt of National Capital Territory of Delhi Act 1991:
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Articles 239AA and 239AB were added to the Indian Constitution by the 69th Amendment Act, 1991.
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Under this amendment, special provisions were made for the Union Territory of Delhi or the 'National Capital Territory of Delhi'.
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The administrator of the National Capital Territory of Delhi was named as the Lieutenant Governor and provision was made for the constitution of the legislature here.
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The legislature was given the power to make laws on all matters except public order, police and land.
