Delhi Services Bill passed in Parliament. What changes now?

In a significant stride, the Rajya Sabha has given its approval to the Delhi Services Bill, signifying a big change in the balance of administrative power between the central government and the Aam Aadmi Party (AAP)-led Delhi government.

The bill that seeks to replace an ordinance was approved 131-102 during voting as the Biju Janata Dal (BJD) and the YSR Congress Party backed the central government.

Home Minister Amit Shah said the bill handling the transfers and postings of officials in the Delhi government has been brought to safeguard the rights of the people and not to usurp the power of the AAP government. The bill was passed by the Lok Sabha August 3.

Chief Minister Arvind Kejriwal called the passage of the bill a "black day" for Indian democracy and accused the BJP-ruled Centre of trying to usurp power in Delhi through "back doors."

प्रधानमंत्री जी,

ये काला क़ानून जनतंत्र के ख़िलाफ़ है, जनतंत्र को कमज़ोर करता है। अगर जनतंत्र कमज़ोर होता है तो हमारा भारत कमज़ोर होता है।

पूरा देश समझ रहा है कि इस बिल के माध्यम से कैसे आप दिल्ली के लोगों के वोट की ताक़त को छीन रहे हैं। दिल्ली के लोगों को ग़ुलाम और बेबस बना… pic.twitter.com/0hAjLfIWXc

— Arvind Kejriwal (@ArvindKejriwal) August 7, 2023

Why Centre is bringing in this law?

The Supreme Court had on May 11 ruled that the elected government of the Delhi state has control over services in the national capital, excluding matters relating to public order, police, and land.

On May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi, reported PTI.

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

"The Delhi government is trying to encroach on the Centre's powers, and the bill has been brought to legally stop them from doing so," Shah said.

"We had to bring this bill as lawlessness had crept into Delhi's governance," he said.

What is the Delhi Services Bill?

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

The bill will override a Supreme Court order, which previously granted the Delhi state 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.

Why the controversy?

The bill's proponents argue that it aims to enhance administrative efficiency, ensure corruption-free governance, and protect citizens' rights in the national capital. Home Minister Amit Shah, defending the bill, emphasized that it adheres to the existing administrative framework and respects the Supreme Court's rulings.

However, critics, including the AAP-led Delhi government, assert that the bill encroaches upon the powers of the elected state government and undermines the principles of federalism.

The passage of the Delhi Services Bill is expected to lead to a significant shift in the power dynamics between the central government and the Delhi government.

Currently, the AAP-led Delhi government enjoys considerable control over appointments, transfers, and postings of civil servants, allowing them to tailor administrative decisions to the needs of the local population. With the implementation of the bill, this authority would be shared with the Lieutenant Governor (LG), who represents the central government.

What can the Delhi government do?

The bill will now go to the President for her assent before it becomes a law. And the AAP government in Delhi has very limited options now to stop this bill from becoming a law.

The Delhi government can explore the possibility of challenging the bill's constitutionality in court. By arguing that the bill violates the principles of federalism or contradicts previous judicial decisions, the Delhi government may file a petition in the Supreme Court challenging the constitutionality of the bill.

The AAP government can also seek an interim stay on the operation of the bill until the Supreme Court decides on its constitutionality.

Bottom line

The Rajya Sabha's approval of the Delhi Services Bill has set the stage for a significant reconfiguration of administrative authority in the national capital.

This shift in administrative control could potentially create challenges and bureaucratic hurdles for the Delhi government in implementing its policies and programs.

The decision-making process may become more complex, and the local government's ability to swiftly execute initiatives could be compromised.