Explained | What is Delhi Services Bill? How will it affect Indian capital's governance?

The Delhi Services Bill, formally called Government of National Capital Territory of Delhi (Amendment) Bill 2023, is being tabled in the Indian Parliament and is set to replace a current ordinance which overrides a directive of the Supreme Court that had given command to the government of Delhi over most services.

The ordinance has been a major reason for contention between Delhi Chief Minister Arvind Kejriwal's Aam Aadmi Party and the central government.

The bill was passed in both the upper and lower houses of Indian parliament on August 7th. It will promulgate into law once signed by India's President Draupadi Murmu.

What happened so far?

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On May 11, the Supreme Court of India took the decision in favour of the government of Delhi, giving it complete command over most services in the capital, leaving out public order, land, and police. The Centre on May 19 tabled an ordinance which gave authority to the Delhi government to make recommendations to the Delhi Lieutenant Governor on matters of transfer of postings, vigilance and other incidental issues.

"In view of its special status as a national capital, a scheme of administration has to be formulated by law, to balance both local and national democratic interests which are at stake, which would reflect the aspirations of the people through joint and collective responsibility of both the Government of India and the Government of National Capital Territory of Delhi (GNCTD)," the government order had said.

"A permanent authority headed by the Delhi chief minister is being introduced to make recommendations to the Lieutenant Governor regarding matters concerning transfer posting, vigilance and other incidental matters," it further said.

The BJP-led Centre was slammed by the AAP government for trying to subvert law and order and taking control of the bureaucracy in the capital city.

ALSO READ |Lok Sabha passes bill to replace ordinance for control of services in Delhi; Shah slams opposition

Last Thursday (August 3), Lok Sabha passed a bill which will translate an ordinance into law and will give powers to the Centre-appointed bureaucrats to overrule the elected chief minister and senior officers in the Delhi government even as the opposition parties held a walkout.

A nearly four-hour-long debate was held in the Lok Sabha after the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023, was passed.

Indian Home Minister Amit Shah, while responding to the debate on the bill, clearly stated that the power lies with the central government to make laws on Union territories, and since Delhi is a Union territory, the Centre has full rights to make rules for it as well.

Reacting to the Opposition's allegations that the Bill is aimed at removing Delhi Assembly’s powers, Union Home Minister Amit Shah said, "All objections raised are political, which do not have any Constitutional basis.”

What is the new bill all about?

The Delhi Services Bill states that the inquiries and suspensions of the officials of the national capital will be under the Centre's control. The Lieutenant Governor will be empowered to exercise his sole discretion on various matters, which will include the National Capital Civil Services Authority's recommendations and the prorogation, summoning, and dissolution of the Delhi Legislative Assembly.

The National Capital Civil Services Authority will include the Chief Secretary of Delhi, the Principal Home Secretary of Delhi and the Delhi Chief Minister.

If the bill is passed by the Rajya Sabha, it will then replace an existing ordinance which overrides an order of the Supreme Court and gives the most control over most services to the Delhi government.

Why Opposition leaders are against it?

Reacting to the debate over Delhi Services Bill, Congress MP Shashi Tharoor alleged that "blatant subversion of the constitutional separation of powers" is happening through the bill. He added that the country is now seeing "coercive federalism".

Speaking in the Lok Sabha, Tharoor argued that the proposed bill is a representation of a "grave chapter in the history of the Indian republic, seeking to ratify an ordinance that in many ways is an assault on our democratic heritage and the spirit of federalism".

WATCH |India: Delhi services bill: AAP issues whip for Rajya Sabha MPs to be present in House

Minister of State for External Affairs and Culture Meenakshi Lekhi, while intervening in the debate, said that the country has a quasi-federal structure and the Centre is at primacy. She stated that the bill is aimed at statutorily balancing the interests of the Union Territory of Delhi and the nation.

"India has a quasi-federal structure, which the Constitution demarcates. India is not federal," said Lekhi, adding that the country is being “mislead” by many practising lawyers.

Congress leader Adhir Ranjan Chowdhury said that the bill is trying to snatch an elected government's power which is unconstitutional.

"Snatching the powers of the elected government of Delhi is unconstitutional. It is against the Constitution to snatch the powers of an elected government, whichever party is in power,” said Chowdhury, while speaking to media outside Parliament.

Delhi CM Kejriwal, sharply reacting to the debate, tweeted, "BJP always promised to give full statehood to Delhi. In 2014, Modi himself said that on becoming prime minister, he would give full statehood to Delhi. But today these people stabbed the people of Delhi in the back. Don't believe anything said by Modi ji from now on.”

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