The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 or GNCTD Bill has been passed in the Lok Sabha. The bill is to be introduced in the Rajya Sabha on 7 August. The way it has been passed by voice vote in the Lok Sabha, it is likely to be passed in the Rajya Sabha in the same way.
There are currently 238 members in the Rajya Sabha. The votes of 119 members are needed to pass the bill in the Rajya Sabha. At present, there are 92 of BJP members in the Rajya Sabha. Apart from this, there are 9 members of Biju Janata Dal, 9 members of YSRCP, 4 members of AIDMK. 7 members of other seven parties, including Ramdas Adawale’s party, are also with BJP. In this way, the BJP has the support of 121 members in Rajya Sabha i.e. 2 more than majority.
On the other side, there are 31 members of Congress, 13 members of Trinamool Congress, 10 members of Delhi government Chief Minister Arvind Kejriwal’s party AAP, CPIM-5, JDU-5, Uddhav Thackeray-4, JSM-2, PCI-2 and 2 other members. There are 84 members. Even if the remaining 29 members join the Opposition camp, they will still be less than the votes of the NDA. That is, the GNCTD Bill can be passed in the Rajya Sabha. The signature of the President will remain only a formality.
Power-sharing between L-G, Delhi CM
The GNCTD Bill 2023 addresses the power-sharing between the Delhi government and the Central government in Union Territories with a legislature, like Delhi and Puducherry. The Bill aims to establish a National Capital Civil Services Authority and grants discretionary powers to the Lieutenant Governor (L-G) in various matters. It also authorises department secretaries to bring certain matters directly to the L-G, Chief Minister, and Chief Secretary.
National Capital Civil Services
Authority
The Bill establishes the National Capital Civil Services Authority, comprising the Chief Minister, Chief Secretary of Delhi, and Principal Home Secretary of Delhi. This Authority will be responsible for making recommendations to the L-G on specific matters related to services, including transfers, postings, vigilance, disciplinary proceedings, and prosecution sanctions of certain All India Services and DANICS (Delhi, Andaman and Nicobar Islands Civil Service).
L-G’s Discretionary Powers
The Bill grants the L-G sole discretion on several matters, including those recommended by the National Capital Civil Services Authority. The L-G will have the power to approve the Authority’s recommendations or return them for reconsideration. In case of a difference of opinion between the L-G and the Authority, the L-G’s decision will be final. Additionally, the L-G will have discretion over summoning, prorogation, and dissolution of the Delhi Legislative Assembly.
Duties of Department Secretaries
The Bill authorizes department secretaries to bring to the notice of the L-G, Chief Minister, and Chief Secretary any matter. The Bill also allows department secretaries to directly bring certain matters to the L-G without consulting the minister concerned.