Bill set to replace Delhi ordinance includes key edits

NEW DELHI: From dropping a contentious provision that was apparently inserted to overcome the effect of the May 11, 2023 judgment of the Supreme Court giving the control of bureaucrats to the Delhi government, to changing the manner in which tribunals' heads are to be appointed in the national capital, the bill that is set to replace the Delhi services ordinance has incorporated some key changes

- Utkarsh Anand

Reviewed by HT, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, likely to be introduced in Lok Sabha in the week beginning Monday, has dropped Section 3A of the May 19 ordinance, placed in to take "services" out of the purview of the elected government in Delhi.

Section 3A of the ordinance stated: "Notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto."

Entry 41 of List II relates to state public services and state public service commission.

The bill, however, does not have Section 3A and thus, no provision that would directly mean the May 11 apex court judgment will not have any bearing on the proposed law that seeks to denude the Delhi government of the power to control bureaucrats.

Representatives of the Delhi government did not respond to requests for a comment on these observations.