The Delhi ‘Services’ Bill: How Does it Differ from the Union’s Ordinance?

On August 7th, 2023, the Rajya Sabha passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 (Delhi Service Bill), repealing the controversial Government of National Capital Territory Of Delhi (Amendment) Ordinance, 2023 (Delhi Service Ordinance). 

The Ordinance came a week after the Supreme Court’s Judgement which held that the Delhi Government has the power to make laws over ‘services’. The Ordinance raised eyebrows as it openly defied the Judgement and boomeranged these powers back to the Union. It gave the Lieutenant Governor (LG) more powers over the Chief Minister. 

For instance, the bill and the Ordinance establish the National Capital Civil Service Authority (NCCSA) which consists of the Chief Minister and two Union-appointed members—the Principal Home Secretary of Delhi and the Chief Secretary of the Delhi Government.  They will be responsible for recommending transfers and appointments concerning Civil services to the LG. The LG will be the sole authority to decide on any transfers and appointments. For a detailed report on the Ordinance, click here. 

The newly passed Bill is mostly in tune with the contents of the Ordinance. It differs from the Ordinance in four aspects. As the bill awaits the President’s assent, SCO examines the major differences in the matrix below.