Delhi dispute: SC may send case to Constitution Bench: The Hindu – Page 1,8
Why is it in news?
The Supreme Court recently said it may refer the Delhi government’s petition against a Central Ordinance, which effectively gives power over civil services in the national capital to the Lieutenant-Governor, to a Constitution Bench for an authoritative pronouncement.
UPSC SYLLABUS RELEVANCE for prelims and Mains
Prelims: Indian Polity and Governance
Mains: General Studies II – Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges there in.
Important concepts
National Capital Territory of Delhi (Amendment) Ordinance, 2023 Article 239AA
Today’s prelims practice question:
Q.Consider the following statements about Delhi:
- Entry 41 in the state list deals with the State’s power over the “State public services and the State Public Service Commission”.
Article 239 AA was inserted in the Constitution following the recommendations of the Jaydev Singh Committee.
Which among the statements mentioned above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Correct answer: A
Explanation: The Chief Justice observed that the effective transfer of power over the civil services amounted to nullifying Entry 41 of the State List of the Constitution. Entry 41 in the state list deals with the State’s power over the “State public services and the State Public Service Commission”. Article 239 AA was inserted in the Constitution by the Constitution (69th Amendment) Act, 1991 to give Special Status to Delhi following the recommendations of the S Balakrishnan Committee that was set up to look into demands for statehood for Delhi.
Mains PYQ exercise:
Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that had led to recent reported conflicts between the selected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics. (2016)
Today’s mains practice question:
Analyse the impacts of the National Capital Territory of Delhi (Amendment) Ordinance, 2023 on the administration in Delhi.
DETAILED EXPLANATION OF IMPORTANT CONCEPTS
National Capital Territory of Delhi (Amendment) Ordinance, 2023:
Promulgation of the Ordinance:
- The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was promulgated by the President in May 2023 to provide for a comprehensive scheme of administration of services in Delhi.
The ordinance came after the Supreme Court handed over the control of services in Delhi, excluding police, public order and land, to the elected government.
The May 11 judgment of a Constitution Bench led by the Chief Justice had limited the role of the Lieutenant¬-Governor, considered an arm of the Centre, over bureaucrats in the capital to three specific areas — public order, police and land.
The Ordinance was promulgated within eight days of the Supreme Court verdict, which had upheld the authority of the Delhi government to make laws and administer civil services in the national capital.
About the Ordinance:
- The ordinance seeks to set up a National Capital Civil Service Authority (NCCSA) for the transfer of and disciplinary proceedings against Group-A officers from services in the National Capital Territory (NCT) of Delhi.
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