Bill to replace Delhi ordinance gives civil service authority more power

The Bill proposes that the section dealing with discretionary powers of the L-G be replaced in the Government of National Capital Territory of Delhi Act, 1991 — which forms the basis of Delhi’s administration. The Act, like the ordinance, substitutes the words “act in his discretion” by “act in his sole discretion”.

According to the Bill, which The Indian Express has seen, any office-bearer or member of any authority, board, commission or any statutory body will now be appointed either by the President as well as by the Lieutenant Governor based on recommendations of the National Capital Civil Service Authority (NCCSA), set up by the ordinance.

As per the Bill, if office bearers or members were for a body related to “any law made by the Parliament”, they would be constituted or appointed or nominated by the President. If they pertain to any law made by Delhi Legislative Assembly, “the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor”.

The three-member NCCSA, empowered to decide on transfer, posting and vigilance matters related to civil servants administering the city, is chaired by the chief minister and has two other members — the chief secretary and the principal home secretary.

The latter two are senior bureaucrats chosen and posted to Delhi by the Centre; the Bill also empowers a civil servant appointed to the post of Additional Chief Secretary who will be treated at par with the Principal Home Secretary or Secretary appointed head of the Home department.

This will have an impact on the appointment of heads of bodies such as the Delhi Commission for Women, the Delhi Electricity Regulatory Commission (DERC), the Delhi Transport Corporation and Delhi Jal Board among others.

The most recent run-in between the elected AAP Delhi government and L-G V K Saxena happened to be over the appointment of the chairperson of the DERC, which fell vacant in January. The matter reached the Supreme Court, which will hear it next on August 4.

Compared to the ordinance, the Bill also does away with the provision to furnish an Annual Report to the Central as well as Delhi government. The ordinance had mandated the Authority furnishing an annual report containing details of “steps taken, proposals made and other measures undertaken by it in pursuance of its functions” to the Central and Delhi governments before each House of the Parliament and the Delhi Legislative Assembly, respectively, within 30 days while in session or in the next one. The Bill has done away with this provision.

Earlier in the day, AAP convenor and CM Arvind Kejriwal met Saxena. Sources described the meeting as a courtesy call.