Rajya Sabha passes bill for control of services in Delhi

New Delhi [India]: Rajya Sabha on Monday passed the Bill that empowers Lieutenant Governor of Delhi to control Group A services in Delhi including on matters relating to appointments, transfers and postings. The bill was passed after a division in which 131 MPs voted in favour of the legislation and 102 against it.

The opposition sought division after almost eight-hour debate on the National Capital Territory of Delhi (Amendment) Bill, 2023 which was moved for passing in the House by Home Minister Amit Shah.

Parties in I.N.D.I.A alliance have opposed the bill, which was passed by Lok Sabha last week.

The voting was held through slips as due to an issue with the automatic vote recording machine. Rajya Sabha Deputy Chairman Harivansh announced the result of division.  “Subject to correction, it is 131 Ayes and 102 Noes,” he said.

Speaking on the Bill, Union Home Minister Amit Shah said that the Indian Constitution empowers the Parliament to enact laws for National Capital Territory of Delhi.
The Minister said the Bill doesn’t violate the Supreme Court order, and that the aim is to make sure corruption-free administration in Delhi.

He said during the BJP and Congress rule in Delhi there were no fights over transfer postings in Delhi and no any Chief Ministers had any problem. “In 2015, a government came up after an ‘andolan’….Some people said that the Centre wants to take power into its hands. The Centre doesn’t need to do so as the people of India have given us the power and the right,” he said.

Thirty-four MPs  parties took part in the debate of the Bill.

Initiating the debate, Congress leader Abhishek Manu Singhvi lashed out at the central government while opposing the draft Act and said it is a “retrogressive bill” that is “completely unconstitutional”. He also said it is a “frontal assault on the people of Delhi and violates federalism”.

BJP member Sudhanshu Trivedi rebutted the claims of the Opposition and defended the Bill.
He said the ordinance and the Bill was required in view of AAP government resorting to “rampant large-scale bureaucratic transfers” after the Supreme Court judgement, specially in department which dealt with cases of alleged corruption including in the excise policy.

Nominated Rajya Sabha member and former Chief Justice of India Ranjan Gogoi in his said the bill is “correct and right”.

AAP leader Raghav Chadha said Delhi Services Bill is “a political fraud, constitutional sin and an administrative logjam”.

The Bill establishes the National Capital Civil Services authority, which consists of the Chief Minister, Chief Secretary of Delhi, Principal Home Secretary of Delhi.  The authority will make recommendations to the Lieutenant Governor (LG) regarding transfers and postings of officials and disciplinary matters.

The Bill empowers the LG to exercise his sole discretion on several matters including those recommended by the National Capital Civil Services Authority, and the summoning, prorogation and dissolution of the Delhi Legislative Assembly.

It authorises department secretaries to bring to the notice of the LG, the Chief Minister and the Chief Secretary any matter that may bring Delhi Government into controversy with the Central Government.