Why in News?

• Recently the Union Cabinet has given its nod to a Bill seeking to replace the Centre’s ordinance on the control of services in Delhi.
• The decision was taken during a Cabinet meeting held on 25th July 2023 and was chaired by Prime Minister Narendra Modi.
• The Bill is set to be introduced in Parliament during the ongoing monsoon session.
• The Ordinance facilitated the setting up of a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.

Background

• The Central Government promulgated the Delhi ordinance on 19th May 2023, a week after the Supreme 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.
• On 11^th May 2023, the Supreme Court in the case of Government of NCT of Delhi v. Union of India, upheld the Delhi government’s powers to control civil servants and day-to-day administration of the NCT of Delhi.

Court’s Observations

• A Constitution Bench comprising of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha held that the legislative power of NCT Delhi under Entry 41 of the State List would extend to IAS and it shall control them even if they are not recruited by the NCT Delhi.
• The Court further held that it would not extend to the services which come under land, law and order and police. Lieutenant Governor (LG) shall be bound by the decision of NCT Delhi over services apart from land, police and law and order.

Entry 41 of the List-II (State List) authorizes a state government to frame laws on state public services and state public service commission.

Legal Provisions

Article 239 AA of the Indian Constitution,1950

• It provides special provisions with respect to Delhi.
• As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union Territory of Delhi shall be called the National Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor.
• There shall be a Legislative Assembly for the National Capital Territory, and the seats in such Assembly shall be filled by members chosen by direct election from territorial constituencies in the National Capital Territory.
• The total number of seats in the Legislative Assembly, the number of seats reserved for Scheduled Castes, the division of the National Capital Territory into territorial constituencies (including the basis for such division) and all other matters relating to the functioning of the Legislative Assembly shall be regulated by law made by Parliament.
• There shall be a Council of Ministers consisting of not more than ten per cent of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor.

Ordinance

• An ordinance is promulgated by the President on the recommendation of the Union Cabinet when the Parliament is not in session.
• It is mandatory for the Parliament to adopt a law to replace the ordinance within six weeks of the commencement of the next session.
• The Ordinance Making Power of the President is listed in Article 123 of the Indian Constitution.

Article 123. Power of President to promulgate Ordinances during recess of Parliament -

(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance

(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

(b) may be withdrawn at any time by the President explanation where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void Chapter IV.