| Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 | |
|---|---|
| Government of India | |
| |
| Citation | No. 1 of 2023 |
| Enacted by | Union Cabinet |
| Passed | May 2023 |
| Signed | 19 May 2023 |
| Signed by | President Droupadi Murmu |
| Effective | 19 May 2023 |
| Repealed | 11 August 2023 |
| Amends | |
| Government of National Capital Territory of Delhi Act, 1991 | |
| Repealed by | |
| Government of National Capital Territory of Delhi (Amendment) Act, 2023 | |
| Status: Repealed | |
The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was an Ordinance to create a National Capital Civil Service Authority which has power related to Transfer and Posting of officers under Delhi Government.[1] India is a federal country where each state is headed by a Chief Minister and his council of Ministers. Delhi being a Union Territory also has a legislature. This was aimed to make transfer and posting more stable and to make both Central and state government of Delhi be involved in transfer-posting of officers.
Background[edit | edit source]
Supreme Court in May 2023 gave all the powers on transfer and posting of officers to Delhi's elected CM.[2] After this Central Government declared that it is willing to pass an ordinance which is called Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.
The ordinance was aimed at creating a National Capital Civil Service Authority.[citation needed]
A bill to replace this ordinance got passed by Union Council of Minister on 26 July.[3]
National Capital Civil Service Authority[edit | edit source]
It is an administrative authority that will manage the Civil Services in Delhi. The authority will have 3 members- Chief Minister of Delhi, the Chief Secretary and the Principal Home Secretary. The meetings of this authority will be chaired by Chief Minister of Delhi. The decisions are taken by vote.[citation needed]
NCCSA gives the union government more power to take decisions regarding the tenure, salaries, allowances, powers, and duties of officers.[citation needed]
Role of CM in NCCSA[edit | edit source]
CM will chair the meetings of NCCSA and decide the meeting's day and date. He will be presiding over discussions in NCCSA.
Role of LG in NCCSA[edit | edit source]
LG will have final decision making authority. He can return files to NCCSA for reconsideration or can also take independent decisions for transfer and posting.
Opposition[edit | edit source]
Aam Aadmi Party opposed the bill and called it undemocratic. Arvind Kejriwal urged other parties to oppose this bill in Rajya Sabha.[4] He met various CMs of Non- BJP ruled states to get support against this bill.[5][6] Delhi Government moved to Supreme Court against this ordinance.[7] The newly elected government of the BJP has taken back all the cases in the supreme court challenging the act.[8]
References[edit | edit source]
- ↑ "Increased power of L-G, functioning of ministries: All about Centre's ordinance on control of services in Delhi". India Today. 20 May 2023.
- ↑ Ohri, Raghav (12 May 2023). "Supreme Court empowers Delhi government". The Economic Times.
- ↑ Mitra, Anwesha (26 July 2023). "Delhi ordinance replacement bill passed by cabinet amid Opposition protests". mint.
- ↑ "Kejriwal asks Opposition parties to clear stand on Centre's services ordinance for Delhi at Patna meeting". The Hindu. 21 June 2023 – via www.thehindu.com.
- ↑ "Delhi vs Centre ordinance row: CM Kejriwal to meet Tamil Nadu and Jharkhand CM". mint. 31 May 2023.
- ↑ "Delhi CM Arvind Kejriwal meets Uddhav Thackeray to seek support for fight against Centre's Ordinance on control of services". The Hindu. 24 May 2023 – via www.thehindu.com.
- ↑ "Delhi govt moves SC challenging Centre's ordinance, seeks interim stay". 30 June 2023.
- ↑ "Supreme Court allows Delhi government to withdraw pleas against Centre, L-G". The Hindu. 23 May 2025. ISSN 0971-751X. Retrieved 4 August 2025.