- November 21, 2023
- By admin
Pravasi Bhartiya Divas (PBD) Convention is the flagship event of the
Government of India. It provides an important platform to engage and
connect with the overseas Indians and to enable the diaspora to interact
with each other.
The 17th Pravasi Bhartiya Divas Convention was being organized in
partnership with the Madhya Pradesh Government from 08-10 January
2023 in Indore.
The theme of this PBD Convention is “Diaspora: Reliable partners for
India’s progress in Amrit Kaal”.
It focussed on Latin America’s diaspora connection, with two Indian-origin
Presidents from the region attending as special guests (Mohamed Irfan Ali,
the President of the Cooperative Republic of Guyana, and the Special Guest
of Honour, Chandrika Persad Santokhi, President of the Republic of
Suriname).
- November 21, 2023
- By admin
The Bill establishes the National
Capital Civil Services Authority
to make recommendations to
the LG on certain matters
related to services.
- November 21, 2023
- By admin
The President of India recently promulgated the Government of National
Capital Territory of Delhi (Amendment) Ordinance, 2023 in May 2023 to
provide for a comprehensive plan of service administration in Delhi.
It proposes to establish a National Capital Civil Service Authority (NCCSA)
to oversee the transfer and disciplinary actions of Group-A employees
from services in Delhi’s National Capital Territory (NCT).
The Ordinance gives the Lieutenant Governor of Delhi jurisdiction over
services, undermining the elected government’s authority in terms of
official transfer and posting.
The ordinance was issued when the Supreme Court turned over control of
services (Schedule VII, List- II, Entry- 41) in Delhi to the elected
government, except for police, public order, and land.
- November 21, 2023
- By admin
- Immediately after the Supreme Court’s judgment in favour of the
Delhi Government w. r. t. control of administrative services, the
President promulgated the Government of National Capital Territory
of Delhi (Amendment) Ordinance, 2023.
- The objective of the Ordinance is to “provide for a comprehensive
scheme of administration of services” which “balances the local and
domestic interests of the people of Delhi with the democratic will of
the entire nation reflected through the President of India”.
- November 21, 2023
- By admin
On May 11th, 2023, while dealing with the issue of control over
services, (Schedule VII, List-II, Entry-41) a 5-Judge Constitution Bench
held that the Delhi government must have the power to control civil
servants in the NCT of Delhi.
The Delhi government challenged the constitutional validity of
the Government of National Capital Territory of Delhi (Amendment)
Act 2021, which provided that the term “government” referred to in
any law made by the Legislative Assembly of Delhi will imply the
Lieutenant Governor (LG) and the constitution bench of the SC ruled
that Delhi government must have the power to control civil servants
in the NCT of Delhi.
The Court also held that although Delhi could not be complete
statehood, the concept of federalism would still apply to it.
It was held that the executive power of NCTD is co-extensive with its
legislative power, that is, it shall extend to all matters with respect to
which it has the power to legislate.
Consequently the government was not under obligation to seek the
concurrence of the L-G on its decisions and that any differences
between them should be resolved keeping in view the constitutional
primacy of representative government and cooperative federalism.
- November 21, 2023
- By admin
The power tussle and debate over the administration of Delhi have
been ongoing since the making of independent India.
Initially, Delhi was governed exclusively by the President through a
Lieutenant Governor appointed by him.
But in 1951, the status of Delhi was changed when the Government
of Part C States Act allowed for a Legislative Assembly to be formed
in the city. Subjects such as public order, police, land, and
municipality were left with the central government.
In 1955 the states reorganisation commission (Fazal Ali Commission)
which was set up in 1953 by Jawaharlal Nehru govt. again
recommended the removal of the Legislative Assembly
from Delhi and suggested the formation of an autonomous Municipal
Corporation instead.
Consequently, the Delhi Municipal Corporation Act was passed by
the parliament in 1957, which provided for a Municipal Corporation
to be elected in Delhi through universal adult franchise which would
have jurisdiction over the entire city.
In the 1960s, the Municipal Corporation was replaced by the
Metropolitan Council to ensure greater representation of the people
In 1980’s the demand for statehood in Delhi was gaining
unprecedented traction and consequently, in 1987, the Centre agreed
to set up a committee to review the administrative set-up in Delhi
(Sarkaria Commission) under the chairmanship of Justice R S Sarkaria.
.
It recommended the reinstatement of a Legislative Assembly in Delhi,
which was carried out through the 69th Amendment to the Constitution in
1991.
The amendment inserted Article 239 AA to The Constitution of India,
established three institutions: the Government of the National Capital
Territory of Delhi (GNCTD), its Council of Ministers, and the Legislative
Assembly.
It also notes that L-G must either act on the aid and advice of the Council
of Ministers, or he is bound to implement the decision taken by the
President on a reference being made by him.
According to this Art 239AA The NCT of Delhi will have a Legislative
Assembly.
Except for the subjects of public order, police, and land [Schedule VII,
List-II Entry 1, 2 & 18 respectively], the Legislative Assembly “shall have
the power to make laws for the whole or any part of the NCT with respect
to any of the matters in the State List or Concurrent List in so far as any
such matter is applicable to Union territories,” subject to the other
provisions of the Constitution.
The issue of power allocation between the Delhi government and the
Centre again emerged from a referral made by a two-judge Bench of
the Supreme Court in 2019, which left the subject of who will oversee
administrative services for consideration by a bigger Bench.
The Parliament in 2021 passed Government of National Capital
Territory (GNCT) of Delhi (Amendment) Act, 2021 which stated that
the “government” in the National Capital Territory of Delhi meant
the Lieutenant-Governor of Delhi and gave discretionary powers to
the L-G even in matters where the Legislative Assembly of Delhi is
empowered to make laws.
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