The Government of India has officially enacted the Government of National Capital Territory of Delhi (Amendment) Act, 2023, as it received Presidential Assent.
The Delhi services bill, which was passed in the Rajya Sabha on August 7, 2023, with the support of 131 MPs, marked the completion of the legislative process for the proposed law. This move saw opposition parties joining forces.
During a six-hour intense debate in the House, the Home Minister clarified that the legislation aims to prevent the Delhi ruling party, AAP, from transferring officials linked to the investigation of a Rs 2,000-crore liquor “scam.” The government had to resort to an ordinance to halt these actions by the Delhi government.
The Minister emphasized that the Bill, as it stands, does not contravene any Supreme Court rulings; it is designed to ensure efficient, corruption-free governance and safeguard the rights of citizens in the national capital.
Previously, on May 11, the Supreme Court ruled that the elected government of Delhi has control over services in the capital city, except in matters relating to public order, police, and land.
Subsequently, the Centre issued the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, eight days later, establishing an authority for the transfer and posting of Group-A officers in Delhi, where the elected government’s leader, in this case, Delhi Chief Minister Arvind Kejriwal, will have limited influence.
The Home Minister clarified during the debate that the intention behind the Bill was not to amass power for the Centre, but rather to prevent what they saw as encroachment on the Centre’s authority by the Delhi government.
The Home Minister argued that the Bill became necessary due to perceived lawlessness in Delhi’s governance.
He also criticized the Congress party, stating that they previously opposed a constitutional amendment they had introduced, motivated by political considerations to appease their alliance partners.
In response to criticism from the Congress about the Bill being undemocratic, the Home Minister retorted that the Congress party lacked the moral high ground to lecture on democracy, referencing the Emergency period during which numerous opposition leaders were imprisoned.
