New Delhi: After the Lok Sabha, now the Delhi Service Bill was also passed by the Rajya Sabha on Monday. It was discussed till late evening yesterday i.e. on Monday and this bill was passed. During this, some 131 votes were cast in favor of the Delhi Services Bill, while only 102 votes were cast by the opposition MPs against it. Now this bill is yet to be approved by the President. After this, the bill will take the form of law. As soon as this bill is changed into law, the central government will control Delhi and the powers of the Delhi government will be reduced. According to this bill, now the central government will have the power to reverse any decision of the Delhi government. The LG of Delhi can overturn the decisions of the Delhi government and ministers. Not only this, many more powers will come to the center. So let’s know what is there in the Delhi Service Bill.
- The bill empowers the Lieutenant Governor to exercise his sole discretion on major matters including recommendations made by the NCCSA (National Capital Civil Service Authority). The Lieutenant Governor will also have the right to summon, adjourn and dissolve the Delhi Legislative Assembly.
- The Secretary shall not be bound to consult the Minister concerned and may directly bring the matter to the notice of the Lieutenant Governor. Further, the recommendations of the NCCSA shall be based on a majority vote and the LG shall have the power to either approve the recommendations, ask for reconsideration, or in case of a difference of opinion on any of the above matters, the decision of the LG shall be final.
- This bill gives the Lieutenant Governor the right to take the final decision on major legislative and administrative matters, which will reduce the powers of the Delhi government.
- After getting the assent from the President, this bill will replace the ordinance. Section 3A has been removed from this bill, which used to say that the Delhi Assembly has no control over the services. This section used to give more powers to the Lieutenant Governor. However, a provision in this bill is related to the formation of the National Capital Civil Service Authority. This authority will take decisions related to the transfer-posting of officers.
- The chairman of this authority will be the CM. Apart from this, it will also have Secretary and Principal Secretary (Home). This authority will recommend the transfer and posting of officers related to matters other than land, police, and public order. This recommendation will go to LG, if any disciplinary action has to be taken against any officer, then this authority will also recommend it. The final decision will be taken by the Lieutenant Governor on the recommendation of the authority. If there is any difference of opinion, then the final decision of the Lieutenant Governor will be considered.
- Under this bill, if the Chief Secretary feels that the decision of the cabinet is illegal, then he will send it to the Lieutenant Governor. In this, the Lieutenant Governor has been given the power that he can reverse any decision of the cabinet.
- After the approval of this bill from the President, the Vigilance Secretary will not be answerable to the elected government. They will be answerable to the LG only under the authority vested in them.
- The government has made some changes in the Government of National Capital Territory of Delhi (Amendment) Bill 2023. For example, Section-3A which was part of the Ordinance has been removed from the Bill. Section 3-A of the Ordinance stated that notwithstanding anything contained in any judgment, order, or decree of any court, the Legislature shall have the power to make laws in accordance with Article 239, except in respect of any matter included in Entry 41 of List II. Will have the power to create.
- The Bill empowers the President of India to appoint officers, boards, commissions, statutory bodies, or functionaries for the purposes of any Act of Parliament relating to the Union List.
- The recommendations of the NCCSA shall be based on the majority and the LG shall have the power to either approve the recommendations, ask for reconsideration, or in case of a difference of opinion on any of the above matters, the decision of the LG shall be final. This bill gives the Lieutenant Governor the right to take the final decision on major legislative and administrative matters, which will reduce the powers of the Delhi government.
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