New Delhi: On Thursday, Lok Sabha cleared the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, popularly known as the Delhi Services Bill, amid fierce opposition protests. The proceedings were subsequently adjourned until August 4.

Union Minister Amit Shah first introduced the bill in the lower house on Tuesday to replace the Delhi services ordinance. The bill will give the central government primacy over the Delhi government on the appointment of officers belonging to the all India services and DANICS. A significant provision of the legislation is the establishment of the National Capital Civil Service Authority, responsible for recommending transfers and postings of all Group ‘A’ officers (IAS) and officers of DANICS serving in the Delhi government.

The legislation will reverse the effect of the Supreme Court verdict in May that gave the Delhi government power over administrative services. The apex court handed over the control of services in Delhi, excluding police, public order, and land, to the elected government headed by Chief Minister Arvind Kejriwal. 

Opposition parties, including the Aam Aadmi Party (AAP), have staunchly opposed the bill, warning that it may replace democracy with what they term ‘babucracy’ in Delhi. A total of 109 MPs from the opposition bloc, INDIA, and some independents, were expected to vote against the bill, PTI quoted a senior leader as saying. However, this number falls short of the halfway mark of 120 if all 238 members are present on the voting day. The full strength of the House is 243, but there are some vacancies.

What is the Delhi Services Bill?

According to the bill, there shall be an authority to be known as the National Capital Civil Service Authority consisting of the chief minister of Delhi, who shall be the ex-officio chairperson of the authority, the chief secretary of Delhi, who will function as a member, and the principal home secretary, Delhi, who shall be the member-secretary. All matters required to be decided by the authority shall be decided by a majority of votes of the members present and voting.

The authority will decide the procedure to be followed in imposing any penalty or suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered, and the officer or authority to whom an appeal or revision shall lie and other matter which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of persons appointed to services and posts.

The LG, upon receiving recommendations, will pass appropriate orders giving effect to them, with the option to seek relevant material regarding Group ‘A’ officers, including All India Services and DANICS officers, serving in the Delhi government before making decisions.

The bill also adds a new sub-section (b) to Section 45D, allowing the NCT government to recommend suitable persons for appointment by the LG to any authority, board, commission, or statutory body. Previously, such powers rested with the President or the Centre.